EAGLE MOUNTAIN — When Zac and Heather Nielson decided to buy their home in Eagle Mountain, they picked Eagle Top subdivision because they could control their own property.

The Nielsons' Realtor, along with the developer, advertised the community of Eagle Top as not having a homeowners association.

"We don't want to have to get approval to build a shed in our yard or (have them) telling us what we can and cannot do to our property," Heather Nielson said.

The Nielsons moved into their home in July 2006 and received a notice of default from The Ranches at Eagle Mountain Homeowners Association in November of that same year. Heather Nielson sent the association's attorneys a letter saying she was sorry for the misunderstanding, but they did not belong to the association.

The attorneys responded, saying they were, indeed, part of the association, and the next month placed a lien on the Nielsons' home. The homeowners association fees are $30 per month, and with the monthly fees plus attorney's fees and lien costs, the association says the Nielsons owe them more than $500.

In return, the Nielsons filed a declaratory lawsuit against the association to find out whether they truly are responsible for the fees. Heather Nielson said the day they filed the lawsuit, the attorneys' office put a foreclosure notice on their home.

The Nielsons called the attorneys when they received the notice and the attorneys agreed to stay the notice until the judge's decision, allowing them to stay in their home.

Larry Dimick, the Nielsons' Realtor with Century 21, said he told the homeowners he worked with that The Ranches at Eagle Mountain Homeowners Association believed the area was part of the association, but the developer, Trade West Homes, said they were not.

Dimick said he told homeowners to check for themselves to make sure they knew what to do.

Heather Nielson said he never told her that.

"He said if we ever got anything from the HOA to throw it away," she said.

Heather Nielson also said the developer has denied that it ever advertised an HOA-free Eagle Top — but she has fliers from the developer advertising that the subdivision doesn't belong to a homeowners association.

Attempts to reach Trade West Homes were unsuccessful.

Cary Brackett, owner of Quality Management Service Inc., the management company for the homeowners association, said the association never heard from the developer.

"We were not involved in any discussions as far as the homeowners or developer with regards to our position of them being part of the Ranches," Brackett said.

Because the association is engaged in a lawsuit with the Nielsons, Brackett couldn't speak directly about the case but emphasized The Ranches at Eagle Mountain Homeowners Association did not misrepresent anything.

Brackett said the association did not currently have any homes in foreclosure, but the Nielsons have a foreclosure notice from the association's attorneys.

The Nielsons said they would go after the developer if the judge ruled that they were part of the association. Some of their neighbors have received bills from the association while others haven't. However, most residents of Eagle Top aren't paying the bills, but the Nielsons are the only family with a lien on their home.

The Nielsons' lawsuit is set to go before a judge in April.

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E-mail: csmith@desnews.com