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Subject: Need help with non-compliance to ByLaws and governance domain
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RichardB37
(South Carolina)

Posts:3


09/03/2017 9:07 AM  
Thanks, in advance, for your thoughts on this.

My neighborhood of 400 homes is divided into seven different HOAs. This dates back to the development of the various zones in the late 70's. There is a Civic Association which is common to all of the various HOAs. The participation in the Civic Association is voluntary, and efforts of the Civic Association covers maintenance of a common entrance to all of the various neighborhoods. The Civic Association also serves to provide a common platform for discussion of things which affect all of the seven HOAs. Over the years, one of the roles which has evolved within the Civic Association is an Architectural Review position who 'informally' advises homeowners how to stay in alignment with their covenants and restrictions.

This is kind of where the fun starts...

Two of the neighborhoods have specific instructions in the ByLaws documenting the creation and operation of Boards and Architectural Review of the 'local' neighborhood. One of these is active, but the other neighborhood has never had any local officers or Board.

My question... For the neighborhood that is NOT following the instructions in the ByLaws, what body is culpable? What can be done to encourage this neighborhood to form their own Board and self-govern? One of the issues is that the Town is getting more diligent about having HOA letters supporting homeowner project proposals in order to get permitted. The Civic Association has no legal standing with respect to the individual neighborhoods, but has been issuing the support letters for homeowners. Is there any precedent for acceptance of this role essentially giving the Civic Association governance over these neighborhoods by 'adverse possession', or something similar?

Interested in your experience. We have only lived here about a year, and are curious about how typical this lax governance is.


thanks



RogerB
(Colorado)

Posts:5040


09/03/2017 10:54 AM  
RichardB,
It all depends on the Governing documents of the "Civic Association" and each of the 7 HOAs. My experience has been with a Master Association which maintains common areas adjacent but not in any of the 7 sub-associations. This could include private roads, right-of-ways adjacent to the private roads, and such items. Each of the sub-associations has Covenant Restrictions within their boundary which their boundaries which they enforce.
JohnC46
(South Carolina)

Posts:6802


09/03/2017 11:03 AM  
Richard

What are the issues with the sub association not having a BOD or ACC? How do they presently go about getting things done like an ACC request?
JanetB2
(Colorado)

Posts:3355


09/03/2017 7:27 PM  
Posted By RichardB37 on 09/03/2017 9:07 AM
Thanks, in advance, for your thoughts on this.

My neighborhood of 400 homes is divided into seven different HOAs. This dates back to the development of the various zones in the late 70's. There is a Civic Association which is common to all of the various HOAs. The participation in the Civic Association is voluntary, and efforts of the Civic Association covers maintenance of a common entrance to all of the various neighborhoods. The Civic Association also serves to provide a common platform for discussion of things which affect all of the seven HOAs. Over the years, one of the roles which has evolved within the Civic Association is an Architectural Review position who 'informally' advises homeowners how to stay in alignment with their covenants and restrictions.

This is kind of where the fun starts...

Two of the neighborhoods have specific instructions in the ByLaws documenting the creation and operation of Boards and Architectural Review of the 'local' neighborhood. One of these is active, but the other neighborhood has never had any local officers or Board.

My question... For the neighborhood that is NOT following the instructions in the ByLaws, what body is culpable? The only body which could be held accountable is per documents attached to their Property Titles. The "Voluntary HOA" ... is just that voluntary without any teeth. What can be done to encourage this neighborhood to form their own Board and self-govern? If they have not done so by now ... probably nothing will make them except a homeowner filing a lawsuit for their failure to follow their governing documents. If not done by now future chances are potentially slim to none. However, potentially the Voluntary HOA could eliminate them as a member, if they are not meeting your standards. Potentially that voluntary works both directions. One of the issues is that the Town is getting more diligent about having HOA letters supporting homeowner project proposals in order to get permitted. The Civic Association has no legal standing with respect to the individual neighborhoods, but has been issuing the support letters for homeowners. Is there any precedent for acceptance of this role essentially giving the Civic Association governance over these neighborhoods by 'adverse possession', or something similar? This would be a question for an attorney. I would guess NO because it is a "Voluntary HOA" with no documents attached to the individual property titles.

Interested in your experience. We have only lived here about a year, and are curious about how typical this lax governance is. Definately NOT typical ... In all my years of living have to admit this is the first I have seen where a "Voluntary HOA" is attempting to act like a Master Association umbrella.

thanks



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