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GregB (Florida)
Posts: 2
Posted:
I would like to place back into operation an HOA in my community. For years this was an out of sorts community whit little structure. It is close to the beach, and the property values are really climbing. There needs to be some restrictions put into place to rectify some of the situations that are currently troubling many of the residents. We had an assoc. at one time, but it has long been abandoned. How can we implament a new assoc., how do we get all the homeowners invloved, or is it a majority situation if the covenants and restrictions are in tact? Your assistance would be greatly appreciated.
hoatalk (California)
Posts: 599
Posted:
Do you currently have covenants and restrictions legally recorded on the exisiting properties? In other words, is a legal HOA already setup for your neighborhood, or are you trying to start a new one where one does not exist today.

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GregB (Florida)
Posts: 2
Posted:
Yes, we currently do have basic covenants and restrictions in place. They are a bit antiquated, but will suffice.
admin
Posts: 24
Posted:
OK, It's good that you have CC&Rs in force on the properties. They should hold the answers you seek. The CC&Rs should indicate the required HOA structure and how it is to be set up (Board members, elections, term lengths, etc). They should also tell you how to add the restrictions you want. This is normally done by actually changing the CC&Rs with a vote (and the CC&Rs generally require some percentage vote to allow changes, like 80%, etc).

In the absence of specific items laid out in the CC&Rs, you will need to check your state law. The statutes are generally posted on state web sites.

The first step, after reviewing the official CC&Rs (recorded with the property deeds) will be to get a board back in place. Once you have a board, you can begin the process of enforcing existing restrictions and improving your community.

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