Help in establishing HOA

Started by JamesS • 3 replies • 2934 views

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JamesS (Washington)
Posts: 1

Posted:

We currently live in a 153 (2 year old) home subdivision with CC&R's. Unfortunately, there is not a HOA to govern the CC&R's that were in place when everyone in the neighborhood purchased their homes and we are seeing the neighborhood deteriorate.

However, a group of homeowners gathered together and want to create a HOA - with the sole purpose of enforcing the CC&R's and protecting the future value of our community. So far we have 40 for, 40 against and 73 with no voice an HOA.

Here are my questions.

1. Can someone block or create and injunction against us from creating a HOA?
2. Can we enforce the current CC&R's on the 40 against or 73 other homes?

Thanks for your help.

James

RogerB (Colorado)
Posts: 5,067

Posted:

JamesS, do your CC&Rs provide for a manditory assessment? Without a manditory assessment and further the ability to place a lien and/or foreclose it would be difficult to finance and enforce your CC&Rs.

Without these you could still form a "voluntary" association, ask for voluntary dues, educate the owners on the CC&Rs, and ask them to comply. This can be done by any number of owners but without acceptance by a majority it may not be effective.

Good Luck,
Roger

GaryM15 (North Carolina)
Posts: 63

Posted:

Is this still an issue? Perhaps I can help.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is an old thread. It's best to respond to the newest. Thank you.

Former HOA President

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