Get 2 months of free community web site hosting from Community123.com!
Monday, December 11, 2017
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Subsuming Additional Lots Into HOA
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
TonyM6
(Florida)

Posts:12


04/10/2017 10:47 AM  
The Articles of Incorporation for our Florida HOA specifically list about 60% of the lots in our subdivision and do not list the other 40%. I assume this means that the 40% not listed would be (if so desired) voluntary members of the HOA and not have any restrictions associated with their deeds.

Our HOA passed a resolution to include all the lots in the subdivision in the HOA. However, nothing was done legally in terms of proper notice, vote, updating the Articles of Incorporation or filing anything with the state. I assume this is then a meaningless resolution. Am I correct and what would be the proper steps to do this legally?

Thank, Tony
DouglasK1
(Florida)

Posts:907


04/10/2017 11:33 AM  
I think the bigger issue than the Articles is what lots have the CCRs attached to the deed. If the CCRs are attached to the deeds, then they are part of the HOA, otherwise they aren't and a board resolution isn't going to help.

This of course is a non-legal wild guess, getting a legal opinion would be at the top of my priority list. In any case, this doesn't seem to me to be a DIY project.
GenoS
(Florida)

Posts:1691


04/10/2017 6:06 PM  
What, if anything, does the Declaration/CCRs say about the lots? Are you in a platted subdivision? What does the plat say? What does your deed say? Remember that all matters shown on a plat are deemed to have been incorporated into every deed that refers to the plat. If your lot does not reference a plat then oerhaps it mentions other covenants or deed restrictions that run with the land. It should be fairly easy to figure out once you've got all the documents squared away.
LarryB13
(Arizona)

Posts:4099


04/10/2017 7:12 PM  
I am confused by this.

In my state if I wanted to know if a particular parcel was subject to CC&R's, I would research the chain of titles back to the first one and see if any previous owners had purchased the property subject to a declaration recorded on page 1234 of book 5678 in the records of XYZ County.

I cannot imagine a circumstance under which anyone would search the Articles of Incorporation and. if they did find the parcel mentioned there, what would persuade a reasonable person to believe that this alone obligates the parcel owner to anything. Having incorporated several corporations in the past I cannot even conceive of including parcel numbers in the Articles of Incorporation.

As to the question about that resolution: No one has the authority to compel property owners to join an HOA. Joining an HOA is normally a condition of the first sale of a parcel; if the sale does not require membership no one can force the buyer to join after-the-fact.

Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Subsuming Additional Lots Into HOA



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement