hoa strategies

I am a guy who is trying to resurrect our HOA. Years back, we had a HOA. They turned everything over to county, etc. Our HOA rules died 15yrs back. Today, we have increasing amounts of security problems.

We have 200 homes. We now have a committee trying to resurrect the HOA. One group is coming up with new HOA rules. Big issues we face are creating gated entries (4 ea), and paving of streets.

My big question is: what are strategies gated communities use for having fire, law enforcement, medical, and service vehicles come in and go out???? We're going to have key pad only at gates. I know all the issues of how nothing is 100% effective. I'm trying to get strategies you use which are maybe 85-90% effective. What single thing is needed to enable service vehicles to get in? I'm thinking maybe if we have some dial-up no we can enable gates to be open for law enforcement, medical, whatever. Keep gates open 30mins for whatever trucks need to get in for the situation.

We have moderate quantity of streets. How long does asphalt paving last? 20yrs? 30yrs?

How often do you have service calls on repair crews coming out to repair broken curbs, chuck-holes, etc? 4 times per yr? Those calls are probably going to have to be budgeted at $5000 each ocurrance.

I'll quit for now. Anything you know of which will help me reverse engineer this thing together will be appreciated.

Ron,

Typically, the CC&R's do not die as they are usually bound and run with the land. However, if there is no Association, each individual homeowner would be required to enforce them on their own by documenting and bringing legal action.
However, you should verify that the CC&R's are still attached to the property and that the rule you believe is being violated is actually listed in the CC&R's. If the rule isn't there, then there is no violation.

To reestablish an Association, you would first have to have the agreement of everyone in the development/complex. Anyone who did not agree would not be a member of the Association and any assessments/additional rules or guidelines created by the Association would not apply to them.

As for the Streets, you seem to have a good handle on the time frame and repairs. However, adhoc repairs typically happen every 4-5 years vs. 4-5 times per year.

Tim

Ron,

Trying to resurect the HOA will be a huge job. I give you tremendous credit for taking this on.

One major consideration before you get too involved is to read the Fl. Statutes 720. You will need some legal advice before you get too involved on the County road situation. You may NOT gate off County streets without assuming all repair, replacement and enforcement issues from the County and that is only IF they will turn it back to the HOA.

"CHAPTER 720.403 - 720.407

HOMEOWNERS' ASSOCIATIONS

PART III

COVENANT REVITALIZATION (ss. 720.403-720.407)

720.403 Preservation of residential communities; revival of declaration of covenants.

720.404 Eligible residential communities; requirements for revival of declaration.

720.405 Organizing committee; parcel owner approval.

720.406 Department of Community Affairs; submission; review and determination.

720.407 Recording; notice of recording; applicability and effective date.

Contact your local fire department and ask what their requirements are.

Check with your lawyer to see what happens if someone doesn't want to join the Association as I suspect you might have at least one and this could be a legal battle.

Ron - WHY would anyone want to start up a mandatory HOA now?

Be careful about what you want . . .

Ron,

If you want to have a mandatory HOA you may be required to get 100% of the property owners to agree. There is case law in some state which states this is the requirement. I don't know if there is case law in FL so it would be wise to consult with an attorney. IMO, a voluntary assn would not be a good idea especially with private roads. Do you have any idea the cost of maintaining roads? Also,I understand the maint on gates can be quite costly.

Unless the deeds of all the property owners were changed to eliminate the deed restrictions (CCRs), I doubt your "HOA rules" as you call them died 15 yrs ago. CCRs "run with the land", meaning they are there forever. If you are coming up with new rules that would mean amending the old CCRs. IMO, this is anothing thing you should consult with an attorney about.