Creating a voluntary HOA?

Hi all,

I live in a rural community of about 25 parcels, 10 are vacant lots and the remaining have been built on. I was wondering what process one has to go through to start a voluntary HOA? Current zoning allows for homes and mobile homes over 750 SF, however, a few neighbors were pondering the idea if a voluntary HOA, if organized, could restrict mobile homes from being put in the neighborhood as there is the fear of declining property values. Any input would be greatly appreciated.

If it was formed, you could only restrict mobile homes on those members who voluntary joined the Association. This is because, as I understand it, an Association is actually a contract among homeowners to agree to certain things and they form an Association to manage/enforce the contract.

In a mandatory Association, everyone becomes a party to the contract when they purchase the home. In a voluntary Association, a homeowner can chose to agree to enter into the contract or not. If they don't enter into it, then they don't have to follow the rules/guidelines associated with it. Worse, if the Association is voluntary, members may be able to quit being a party of the contract if they so choose.

Thanks for the replies all. I'm guessing in my particular situation there is nothing one can do but hope that no one comes in and puts a mobile home on the remaining vacant lots.

BB5,

If this is a voluntary assn then only those property owners who have joined the assn can be levied an assessment to pay for the road or any other maint project. BTW, blacktopping a road is considered maint.

The "contract people entered into and cannot be changed" that the attorney referred to are the deed restrictions (CCRs) attached to all the properties whether the prop owner chose to join the HOA or not. Those property owners who chose not to join the HOA are still subject to adhering to the deed restrictions but they are not liable for any maint costs for the road,lights, etc.

BB5,

I agree; it's a capital improvement. BTW, you didn't say it was a gravel road in your first msg.

If current zoning allows mobile homes and you already have some (over 750 sq. ft.) then how do you think you can now work to go against zoning?

Did I read something wrong?

Sorry - I mis-read your post.

But you will have to re-zone your parcel in an attempt to have a new zoning allowance.
Does your local municipality have zoning hearings?

Steve,

There may be deed restrictios that apply to all the homes in the area. So if a person buys a lot that is subject to these deed restrictions, whether or not he chooses to join the HOA, he will be legally required to adhere to the deed restrictions.

Yes, it is not clear whether this is anything more than a neighborhhod in a community, governed by muncipal zoning laws. He does not mention CCRs.