Manditory HOA Membership

Started by BarryK • 6 replies • 1642 views

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BarryK (Mississippi)
Posts: 3

Posted:

Our subdivision has about 352 homes. We currently have 160 HOA members who must belong according to their covenents.We have 97 HO who have voluntarily joined. Is there any precident where the covenents can be over ridden by a judge so ALL residents with in a defined subdivision must belong to the HOA?.Thanks Barry

LuciusD
Posts: 139

Posted:

That would be taking property rights away from owners who had the good sense to not buy deed restricted property. What would be right and equitable about that?

JulieS (Georgia)
Posts: 412

Posted:

I would check with an attorney on this.

HaroldS (Arizona)
Posts: 906

Posted:

I'm curious about the homeowners who "voluntarily" joined. Do they just pay fees or were actual deed restrictions placed on their property when they joined? Harold

DanB (Tennessee)
Posts: 2

Posted:

How were some people deemed mandatory members and others given the voluntary option? I thought the CCR/covenants specifically outlined membership.

BarryK (Mississippi)
Posts: 3

Posted:

Our subdivision was built in various zones and the first zones had covenents drawn up that did not include membership in the HOA. The later zones were included. This makes the manditory members responsible for the dues to the HOA. The dues pay the costs of the common area grass cutting, pool expense etc. All homeowners in the subdivision benefit from the HOA but do not have to join except where their convenents require this. We who do pay feel this is unfair and should be reversed so all zones have the same covenents.

BarryK (Mississippi)
Posts: 3

Posted:

The covenents were specified by the developer over the last 20 plus years. Consideration for the circumstanses we have today were not thought of I was told. According to what I have read and been told each home owner would have to agree to having their covenents changed. I don't believe this would ever happen. But it has been suggested that bringing this concern before a circuit court judge and showing how this was for the good of all he could rule on it. I just wanted to see if there was a precident somewhere.

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