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Subject: Establishing a new HOA
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Author Messages
ValerieS1
(Texas)

Posts:1


11/20/2007 4:15 PM  
The deed restrictions I received when I purchased my property indicate the HOA will establish an amount for HOA dues. All the properties have been sold and now the developer has stated he is no longer involved in the HOA. I have researched and the only paperwork filed with the county clerk is the original deed restrictions. In other words, there are no by-laws (or at least they have not been filed), there is not an active board, (one property owner is listed by default as VP and the developer and a family member of the developer are listed at Board members on the corporate papers which have been filed annually), I have been told that $500 per lot has been established as the HOA dues, but nobody has that in writing, and nobody is billing the property owners. There are only 2 homes built in the development. One is the afore mentioned VP (who now has his home on the market and doesn't have the time or desire to do anything about this situation) and one other person whom I have spoken to. The second gentleman agrees with me that someone needs to take the reins and manage the HOA. We are both willing to serve on the board and establish whatever guidelines we need to make this an active HOA. So the question is, how are the board members determined? Can we just self appoint? Have the developer appoint us? After extensive research, I think I have names and addresses of the property owners, but I'm not even sure if it's an accurate list. What do we need to do to get going? We're lost and need your help.
SusanW1
(Michigan)

Posts:5202


11/22/2007 6:16 AM  
You may need the help of someone who is versed in setting up HOAs in your state. (real estate lawyer for sure!!)

But generally the steps are . . .

Interested people meet to plan.
EIN number sought
Corporation papers are filed listing Corporate officers.
Interested people meet and elect first Board
Committees established
Bylaws written and adopted.
Hold first membership meeting (special meeting) to get people on committees, pass out bylaws, formulate busget, get involvment of members.

Good luck! those first months are exciting and active. Hold in there!!


RobertR1
(South Carolina)

Posts:5164


11/22/2007 6:36 AM  
I agree with Susan, you must meet and plan. However, I would put pressure on the Developer to provide you with a orderly tansistion. Go to BBB, legal aid, county council, they all can be helpful.

If all you have in the courthouse is as you state, you need to inform this developer that he has certain duties he must abide, and if he don't he can expect to hear from your group. You all want copies of all this information that include the association. He is far from out of the picture, he knows it, he just don't want you to know it.

It is important that those of you getting together write this guy a registered letter, return receipt, and inform him you all protecting your interests in your proper and request he attend a meeting to discuss matter of mutual interest. Inform him who will chair your meeting and inform him minutes will be taken and submitted to him for approval. Whether he approves them or not, is not important. You want to quickly establish a paper trail.

He can make it hard or easy for you all, but he apparently has not acted in a mutual benefit process.

He has lawyers, let hi9m bring them to the meetings and you can ask them questions, he owe you cooperation and respect.
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Forums > Homeowner Association > HOA Discussions > Establishing a new HOA



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