Are homeowners mandated as members of HOA?

Started by HazelS • 2 replies • 1404 views

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HazelS (Florida)
Posts: 5

Posted:

We discovered through simple clerical error we were not deeded into original HOA. Therefore we are scrambling to form a Phase II HOA in order to have lighting continued, maintenance of common areas, etc. Can homeowners refuse to pay dues? How can we maintain electricity, liability insurance, ponds with fountains, and mowing of common areas if not all homeowners agree to the new HOA?

GlenL (Ohio)
Posts: 5,491

Posted:

Hazel, there is a poster here (DJ from Canada) in exactly the same condition. If the restrictions are on the deed the H/O is still bound by them however if the HOA restriction is not there you can't force them to join or pay. Nor would they have a right to any of the HOA's amenities like pool or clubhouse. I would get an attorney working on how to straighten the mess out. You may have to leave the ones not on the deed out of the HOA with the stipulation that if the house is sold it becomes part of the HOA.

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GlenL (Ohio)
Posts: 5,491

Posted:

You may not need to form a separate HOA, check your CC&R's for an annexation clause.

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