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Subject: City Gov & Owner Associations
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Author Messages
JarryR
(Texas)

Posts:2


06/30/2006 6:27 AM  
Can to two reside in one Community?? I would like some feedback if you know of a situation where you have both governing bodies within one community. If you do; how do you make it work????
SwanB
(Washington)

Posts:199


06/30/2006 6:34 AM  
Of course they can and do all over the US and Canada, and Mexico for that matter.
We reside in a community where the County government sits side-by-side with our association rules. Our rules cannot be less than the County rules but can be more. For instance, if the County has a front setback of 20' on the property line and it works better for us to have a 25' front setback on our lots we can require one at that distance. However we could not require one at 15' and be in violation of County code.
RogerB
(Colorado)

Posts:5067


06/30/2006 6:45 AM  
Yes. In fact many HOAs reside in a City - that resides in a County - that resides in a state - that resides in the United States. Regulations of each take priority over the previous.
JarryR
(Texas)

Posts:2


06/30/2006 7:09 AM  
Yes I recognize that HOA's reside in a City but ours is a very paculiar situation in that our HOA and our City occupy the same area. There is one city and one HOA.

This happened about 4 years ago when our community could have been annexed by another city and thus be taxed. To prevent that the HOA members decided to incorporate. We did and now we are a city as well as a HOA. The HOA has 9 Board of Directors. The City has 6 Council People. Because of Texas State Law the City is required to abide by certain laws. Our HOA has its own ByLaws and Covenants & Deed Restrictions.

The problem is that the two DO NOT work together and thus problems arise.

I am looking for an HOA that has made this work or for some ideas on how we can proceed. I believe that unless these two governing bodies get their acts together, we could have serious problems in the future.

The two have just started meeting on a quarerly basis but I believe that something FORMAL has to be worked out in the form of process that is documented and recognized by both parties.

Any Suggestions??
RogerB
(Colorado)

Posts:5067


06/30/2006 7:21 AM  
Jarry, why not get rid of the HOA? What useful purpose does the HOA serve? The City controls over the HOA and should be willing to take over all of the responsibilities required of the HOA. It is a waste to have to governing agencies for the same group of people and geographical area.
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Forums > Homeowner Association > HOA Discussions > City Gov & Owner Associations



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