Change Voluntary HOA to Mandatory???

Started by DeniseB4 • 5 replies • 2977 views

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DeniseB4 (Florida)
Posts: 3

Posted:

Can you change HOA dues from voluntary to mandatory??? We have an existing HOA in our small community with voluntary however most of us would like the dues to become mandatory. Any suggestions???? Thanks

TimB4 (Tennessee)
Posts: 21,061

Posted:

Denise,

You can not change the Association to Mandatory without everyone affected agreeing to it.

Otherwise it would be like me saying you are now a member of my Association and you have no say so in it. If you contested it in court, you would win based on simple contract law as there was no meeting of the minds or an agreement between you and my Association.

This doesn't mean that you can't try. However, if one person says no, you can't force it on them.

Tim

BrianB (California)
Posts: 2,820

Posted:

have a meeting.
explain the need to become mandatory. outline the benefits and risks, return for investment, strategies, requirements, etc.
ask people to vote.

everyone who votes yes/agrees, is now part of the mandatory HOA.
everyone who votes no/disagrees is still voluntary HOA member.

DeniseB4 (Florida)
Posts: 3

Posted:

Thank you so much for the responses!!!! You have been a great help!!!!

SusanW1 (Michigan)
Posts: 5,202

Posted:

Denise - be sure you can express WHY the association should now be mandatory.

Just because some thing everyone "ought" to contribute does not mean everyone "must."

If you have assets i.e. community center, utilities, landscaping, beach, etc. that need to be taken care of, that might help your case. But social activites, like dinners and dances won't prove your point.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By DeniseB4 on 03/15/2011 8:00 PM
Can you change HOA dues from voluntary to mandatory??? We have an existing HOA in our small community with voluntary however most of us would like the dues to become mandatory. Any suggestions???? Thanks

This will require changing your Declaration of CC&Rs which will not be an easy task. We manage an association in Colorado which is doing this. The new amended and restated Covenants phase in the manditory assessment,ie, when the property is sold the new owner is manditory. Meanwhile for current owners to voluntarily become manditory they would have to complete and file an official document with the County Clerk. The new Covenants were approved and filed two years ago; no voluntary member chose to become manditory but they continued as voluntary members and pay the same dues as the assessment paid by manditory members.

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