Resource needed for newbie

Started by ChandlerS • 9 replies • 1174 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

ChandlerS (Mississippi)
Posts: 5

Posted:

Hi folks,

I live in Hernando Ms and was wondering if there are any members of this messagebd that are familiar with Mississippi HOA laws. Here is the situation: As it stands now, our covenants state that the minimum sq ft home that can be built on lots is 1900 sq feet. This was put in place by the developer before the Neighborhood association formed. The builder has many many lots that he's ready to unload due to the lack of home sales etc. He wants the HOA to vote on ammending the covenants to state that the minimum sq ft be increased to 2400 sq ft which is of course a positive thing for the neighborhood. I apologize for my ignorance in advance...so here goes: What is protocol? I've googled and googled but can't find what I'm looking for. I appreciate the feedback and Help.

JohnK3 (Pennsylvania)
Posts: 967

Posted:

Welcome to the party, Chandler.

Your CCRs and ByLaws probably outline how to make changes. Give them a detailed read. Only problem might be that amending the CCRs often requires a fairly large majority - two-thirds or three quarters of membership. That you have a developer in the current market who wants to increase the size limit bodes well for your HOA. Good luck.

TonyM3 (Arizona)
Posts: 170

Posted:

Quote:

Posted By ChandlerS on 09/01/2008 8:39 AM
The builder has many many lots that he's ready to unload due to the lack of home sales etc. He wants the HOA to vote on ammending the covenants to state that the minimum sq ft be increased to 2400 sq ft which is of course a positive thing for the neighborhood.

A positive thing if you like empty lots. Gotta be weary of what the builder's agenda might be here. Clearly it would be earier to sell a lot in this market that had 500 more feet of building flexibility.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hey Charles, Welcome!

Have you had your official "turnover" from the Developer or is he still in charge of the HOA? If he is. then he can just write the change to the square footage requirements without homeowner involvement. If you have had the turnover, then you must go thru the amendment change process which involves the amendment being presented to each and every homeowner and then a vote by the entire membership to either approve the change or to deny it. From experience and the way the housing market is going now, increasing the square footage is not a bad thing. It does bring up the average price of all of the homes surrounding yours and that will be positive thing for reselling in your area.

Hopefully the Developer is still in charge so that he will be responsible for infrastructure changes if needed to accomidate the extra homes. I am assuming that these empty lots were all in the original plat?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Chandler - seems odd that the developer wants to increase the minimum size for new homes on emplty lots.

Are your lots under the set-back jurisdiction of the local municipality? Has all this been OK'ed with the planning commission. Will there be an adjustment of the number of lots?

With this economy, it just seems fishy . . .

ChandlerS (Mississippi)
Posts: 5

Posted:

Thanks everyone for the replies and info. I think the builder (who lives in our hood) has good intentions. The lot sizes left are over 1/2 acres and 3/4 acres and his issue was how out of proportion smaller homes would look on these larger lots. Thanks for the warm welcome to the boards. I've been reading here quite a bit and there is a wealth of information! Our meeting is on next Monday. Our covenants do state 2/3'rds vote on amendments. As per my first post, the HOA formed only 2 years ago. I've been living here just over a year. I don't think "minutes" have ever been recorded at meetings. This will be put in place to protect everyone. One last question....Can you edit your post here? I do not see that option.

ChandlerS (Mississippi)
Posts: 5

Posted:

Donna, the HOA took over from the developer 2 years ago I think...before I moved here. The lots we're purchased by the builder and he is ready to sell them for probably what he bought the lots for. So many builders in this area are in dire straits. Tis a bad situation.

We only have one meeting per year and thats mainly to go over finances/dues and elect new bd members. It's disheartening when people don't seem to care about attending or being plugged into the community. I hope this changes.

ChandlerS (Mississippi)
Posts: 5

Posted:

Susan, I have no Idea...but I'll look into this. Thank you.

KirkW1 (Texas)
Posts: 1,665

Posted:

There is something to keep in mind in this whole thing. While larger homes may have some desirable effect, if they represent a sizable portion of the neighborhood you may find that you have a powerful block that has more resources then the others. And that block may wish to increase dues to pay for amenities that the others see as too expensive.

ChandlerS (Mississippi)
Posts: 5

Posted:

kirk,

Amenities...don't I wish. Unfortunately, this area in North Ms doesnt do the swim/tennis. I sure miss that myself.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here