changing the name of our Association from "Recreation" to "Homeowners"

Started by SusanH10 • 3 replies • 1431 views

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SusanH10 (Georgia)
Posts: 1

Posted:

Hello,
I need help with a name situation of our group. When this community association was started by the builders, it was named Chateau Gardens Recreation Association. We have 42 units connected to each other as a Condo would be. Each Owner is responsible for their own maintenance of building and yard. Color of Units determined by A.S. Committee as part of Board; common grounds at entrance and around pool and clubhouse are maintained by an outside lawn service; pool maintained by an outside CPO. All expenses covered by annual Assessment set by Board and paid in monthly payments by each unit Owner.
My dilemma is this: I am not sure as a "recreation association" we really have the right to make decisions on how owners may live, i.e. parking issues, color choice, maintenance, etc, even though this group has been operating under those same auspices for more than 30 years.
I would like to see our group renamed "Homeowners Association"; has anybody gone through anything like this?
Susanh10

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Susan:

Welcome to HOAtalk.

What do your documents potentially reference as any statutes that your association may fall under? In other words do they maybe reference Property Owner's Association Act, Condominium Act, or possibly statute numbers, etc. This information is generally in the beginning page or two of your documents and sometimes in a section cited as Recitals.

Even though your name may state “recreation association” you apparently have Declaration of CCR’s, By-Laws, Article of Incorporation, etc. which are attached to and running with the properties. Therefore you should have all rights as described in your governing documents and any referenced statutes the documents were written under for the association.

Also, as you are in Georgia is there anything in your documents stating a certain length of time the association is valid for unless renewed? I will need to refresh my mind on your statutes, but if I recall from memory there is something in the statutes that any association prior to X date needs to get members to vote in order to fall under the current statutes. So after I hear from you regarding the above questions to determine what you may fall under, I will check further on the statute info.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Sorry ... I hit submit before finishing my train of thought.

Something to consider might be to leave the name as it currently states as that is what is potentially referenced on everyone’s Warranty Deeds. Instead possibly consider clarifying in your documents any issues with regards to the items you have mentioned.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

All the things your allowed and not allowed to do are spelled out in your CCR's and By-Laws.

Changing your name will not change what your allowed and not allowed to do. These things have to be voted on by the homeowners and some things you cannot change.

My advice? Don't bother changing your name.

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