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JudieB2 (North Carolina)
Posts: 1
Posted:
If an existing community wants to now form an HOA are they able to still do so if the majority has signed a pettion indicating they do not want one? Would the majority that didnt want the HOA then have to participate?
JohnB26 (South Carolina)
Posts: 1,569
Posted:
"If an existing community wants to now form an HOA are they able to still do so if the majority has signed a pettion indicating they do not want one?"

>> YES, but it would be a voluntary

"Would the majority that didnt want the HOA then have to participate?"

>> NO, since it would be voluntary

However, if the community's homes have any restrictive covenants and/or commonly owned assets, then an incorporated not-for-profit HOA would be both fiscally necessary and prudent (and possibly required).

---check with an attorney and/or the county registrar of deeds---

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