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Subject: Homeowner's association rejected CC&R's
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10/31/2005 7:32 AM  
We are a homeowners association since 1948. I live in one of the oldest homes in the subdividion. I am currently assisting the Board to help facilitate what exactly we are now due to that the shareholders rejected implementing CC&R's. We are located in California.
Therefore, it is my understanding without CC&R's we are essentionally, NOT a HOA. Is that true?
The Board has basically said that, we are a water and roads assocation. We have our own water plant and our roads are not part of the county maintained, therefore, we re-surface, maintain good drainage issues etc.. We also provide snow removeal.
So I am confused are we still an asssociation or are we basically a "utility co", for lack of better words, providing water and roads?
I beleive that this is a problem as we are misrepresenting to future buyers, surrent shareholders etc...., that we are a association.
Anyone know, and any thoughts are appreciated. this is such a gray area..need help. Sorry for typos.


11/02/2005 2:17 PM  
You don't neccesarily have to have Covenants to be an association. The Declaration, Covenants, whatever you want to call them generally represent a mission staement, rules, and the manner in which persons living in a certain area are expected to conduct their property. Most are bound to the deed to insure compliance.

The 'purpose' of your association it seems is to maintain roads and water supply (and I would assume to collect dues in order to pay for these things.

California from all I have read has very strict ideas on these matters. I know there a number of individuals from California associations on hoatalk. I am sure someone can confirm.


11/07/2005 11:51 AM  
Thank you for your reply. It is appreciated.

I have not received any response except yours. I will continue my research. Thank you.
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Forums > Homeowner Association > HOA Discussions > Homeowner's association rejected CC&R's

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