Collecting Dues?

Started by JeffL7 • 1 replies • 1043 views

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JeffL7 (Washington)
Posts: 14

Posted:

I've posted a few times here. Have another question.

We have no HOA. A couple of us in a community of 10 would like to start to collect a monthly fee or a lump sum per year to put in a bank account, to go towards entry gate electric bill, replacement of dead shrubs and future maintenance to common areas. We are holding a meeting soon and will bring up this issue. Some of the neighbors have already expressed that they do not want a HOA. If some neighbors decide they don't want to pay, do we have any legal standing to go after them personally since we are not an HOA? Or must we form a HOA?

It states in our CC&Rs to meet once or twice a year and to split all costs.

thanks,

TimB4 (Tennessee)
Posts: 21,047

Posted:

This will depend on the language in your governing documents.
You might not need to form a homeowners association. You may be able to form a civic organization for the sole purpose of maintaining the common areas but not to enforce the covenants or be allowed to make rules.

As for making people pay, If you are not an incorporated organization, you will need to consult with a local attorney to discuss the authority and/or options available.

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