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Subject: Mandatory Dues?
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01/29/2006 8:32 PM  
Our small (unrecorded)sub-division recently revived our inactive Property Owner's Association. Our sub-division consists of approximately 150 homes, has a small lake and overgrown lot that are our 'common areas'.

I've been told that the newly revived POA (not sure the difference between Property owners and Home owners) does not have anything to do with the Restrictive Covenants and owners are NOT required to pay the annual dues of a whopping $25/per year.

We have an active Board of Directors and have had several quarterly meetings where approximately 5-7 ($25 due-paying property owners) who attend. Our biggest goal is to clean up the park area (a 1 or 2 acre lot at the end of the little lake) so those dues-paying 'members' will have a nice little place to go. Of course, with only a $25 annual fee, most of our beautification is done with donations and volunteers.

I'm certainly not trying to stir up any problems; I love my little community (and am one of those 5-7 families actively involved in the Association) but want to make sure we are not misleading anyone down the wrong with with mis-information.

Can anyone out there help? We live in the Florida panhandle.




01/30/2006 6:48 AM  
DawnaD, unless you have a recorded Declaration AND that declaration has a stated manditory assessment, then you have what I call a "voluntary" association. You can only ask for voluntary dues and not require payment.

Who owns the lake and overgrown lot? Perhaps you can get the county to maintain these or force the property owner(s) to do so.



01/31/2006 4:54 AM  
1. You need to incorporate in your state.
2. You need to elect a Board.
3. You need to inform all owners that this action revives the Association and your governing documents.
4. You need to find out from your documents what limits there are to increasing dues.
5. Finish this year at your last approved amount for dues and decide if that is adequate for 2007.
6. Hire a DR whacker as seen on TV and magazine ads, and clean up the overgrown areas ONLY for those who are paying at that time (presumably between homes and the lake. Also clean out a bit of a path surrounding the lake. Those who pay get the benefits; those who don't go without.
7. Be ready for the reaction from those who can't part with the "current" $25/month.
8. Because of your situation, the list of properties which go into the new Association must be established. i.e., the payers. Offer the chance once per year, before filing corporate taxes, for new memberships from within the community.
9. Re-read #6 and be firm on that one.

Broadside 22


02/02/2006 6:52 PM  
Thanks for the input! Sounds like our little HOA (or POA) is doing okay then. Although we do not have much of a 'membership' (guess the $25/per YEAR is too steep), we are having regular quarterly meetings, have a Board, and have volunteers working on the common area.

Hopefully as our Welcome Committee gets around to meeting more new residence, we can convince them of the advantage of joining.

Look forward to learning more from this great forum!

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