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Subject: Can you ADD Property to an existing HOA?
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ValerieH2
(Florida)

Posts:2


10/25/2019 11:50 AM  
We have the opportunity to purchase an additional strip of land behind our house that would include lake access. It has been approved by the county for purchase, and the county said the additional parcel will become part of the Planned Development in which I live. I see on the county website where we can combine the 2 parcels into 1.

If the county says that the parcels will become part of my Planned Development, MUST the HOA cover it or is it their choice?

Will the HOA automatically include the additional piece of land, or what is the procedure for their approval? Do I need to file an Architectural form? I searched the HOA regulations and cant find anything.

I have 9 neighbors who also have the opportunity to purchase their lake access strips, and I think the HOA will be useful, especially to help with rules and regulations should there be a conflict with a neighbor. Some of my neighbors, however, do not want HOA involvement.





SheliaH
(Indiana)

Posts:2749


10/25/2019 11:53 AM  
Those are all legal questions for which you need to talk to a private attorney.
DouglasK1
(Florida)

Posts:1466


10/25/2019 12:16 PM  
Posted By SheliaH on 10/25/2019 11:53 AM
Those are all legal questions for which you need to talk to a private attorney.


I agree, this is a tricky situation, a change like this might actually require a membership vote to approve, not just a board decision.

Escaped former treasurer and director of a self managed association.
CathyA3
(Ohio)

Posts:508


10/25/2019 12:54 PM  
I will add that your governing documents may have information about adding to the property (either forbidding or allowing it, or if the latter, then a description of the hoops you'll need to jump through to make it legal).

I agree with the others that a lawyer is needed to make sure everything is done correctly.
KerryL1
(California)

Posts:6703


10/25/2019 1:03 PM  
Do check your own governing docs first, probably your CC&Rs and maybe near the end to s if the HOA can add property. But, still with all of the above, you need to visit an HOA attorney.
JohnC46
(South Carolina)

Posts:8827


10/25/2019 3:50 PM  
Val

Are you looking to add the property for the use of all association members or only the 9 bordering it?
SteveM9
(Massachusetts)

Posts:3395


10/25/2019 5:58 PM  
Posted By ValerieH2 on 10/25/2019 11:50 AM
We have the opportunity to purchase an additional strip of land behind our house that would include lake access. It has been approved by the county for purchase, and the county said the additional parcel will become part of the Planned Development in which I live.


What if you dont want it to become part of the planned development. Sale should still be able to happen? Right? Not sure why it would need to be approved by the county for purchase. Typically you buy something then notify the county you bought it so they can record it.


I see on the county website where we can combine the 2 parcels into 1.



If the county says that the parcels will become part of my Planned Development, MUST the HOA cover it or is it their choice?


HOA would have to vote on it.


Will the HOA automatically include the additional piece of land, or what is the procedure for their approval?


No.


I have 9 neighbors who also have the opportunity to purchase their lake access strips, and I think the HOA will be useful, especially to help with rules and regulations should there be a conflict with a neighbor. Some of my neighbors, however, do not want HOA involvement.


What if all nine neighbors dont want it to become part of the planned development. What if only 3 do?
NpS
(Pennsylvania)

Posts:3865


10/25/2019 7:29 PM  
Do the additional strips have separate road access?

If yes, who owns the road?

Sikubali jukumu. Read all posts at your own risk.
MelissaP1
(Alabama)

Posts:8711


10/25/2019 7:33 PM  
Here is the question I have... Is this the HOA purchasing the land or you as an individual?

Our documents (CC&R's) does allow the HOA to purchase additional land. Must understand that means EVERY owner is purchasing the land. This makes it additional "common area". Which we could decide to develop more homes on for additional dues collection or enjoyment.

That being said, you purchasing the land on your own does NOT make it part of the HOA. It would have to have the same CC&R's attached to it. Otherwise, it's just a piece of land that adjoins the HOA.

Normally I never recommend a Real Estate attorney for HOA issues. However, in this case you are dealing with a real estate transaction. Which discussing with a Real Estate attorney may be best legal option.

Former HOA President
ValerieH2
(Florida)

Posts:2


10/26/2019 9:37 AM  
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