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Subject: New Homeowner Association
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Author Messages
RonaM
(Tennessee)

Posts:2


11/01/2005 7:22 PM  
Can anyone help me to determine what Tennessee requirements are for establishing a homeowner association (covenant and restrictions call for lot owner association)? Is there any difference between a homeowner or lot owner association?

Six or seven homeowners and the developer started our homeowners assocation. We have information on convenant and restrictions but they do not give information on what constitutes a quorum, how board members and officers are to be elected, what their responsibilities or terms are, who can vote, etc. It states only what you can't do; i.e., 1 year building time (not enforced), boats not to be seen from river or road (not enforced), no burning (not enforced), lot mowing [not specific] (only enforcing for one lot). First notification of association was fee notification. Today, they have refused to release board or officer names, lot ownership information or minutes from earlier meetings.

There are 75 lots owned by 32 people. They verbally say that only the 32 people can vote. Many lots are co-owned but a list is not available on who the registered voter is.

At membership meetings the six or seven people are proprosing and passing rules, i.e., it is the responsibility of the lot owner to notify the HOA when they sell the lot.

Currently there is no bylaws.
SheliaH
(Indiana)

Posts:4221


10/10/2021 7:30 AM  
If you don't see any papers with bylaws and CCRS among the papers you got at closing, check your Secretary of state's office and see if there are any articles of incorporation. It should list the registration agent, and that's who you should contact to see if a HOA was established. If the developer is still around, contact them for more information.

it may be someone didn't complete the paperwork to establish the association, the next time there is a homeowner meeting, bring those questions and ask for copies of the papers. If they want to act as a HOA, there should be paperwork giving them that authority like the bylaws, which wholesale list homeowner rights and responsibilities.

If they still try to blow you off, you and like my need neighbors may need to get together and take legal action.
JohnT38
(South Carolina)

Posts:764


10/10/2021 7:36 AM  
Posted By SheliaH on 10/10/2021 7:30 AM
If you don't see any papers with bylaws and CCRS among the papers you got at closing, check your Secretary of state's office and see if there are any articles of incorporation. It should list the registration agent, and that's who you should contact to see if a HOA was established. If the developer is still around, contact them for more information.

it may be someone didn't complete the paperwork to establish the association, the next time there is a homeowner meeting, bring those questions and ask for copies of the papers. If they want to act as a HOA, there should be paperwork giving them that authority like the bylaws, which wholesale list homeowner rights and responsibilities.

If they still try to blow you off, you and like my need neighbors may need to get together and take legal action.




FYI, 16 year old post.
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