Forming New Association

OK.. new guy here. We live in an established development with clear/specific CC&Rs. The original owners did not start an association as we all were "doing the right" thing consistently. As some of the owners moved out and new owners moved in, we are observing clear violations of the CC&Rs. Here's my question. We've staged a few meetings and actually asked for committee member nominations with pretty good response from most of the owners.. We do however, have a few owners that are adamant about not starting an association and are recommending we merely meet when we need to discuss private road repair or wish to improve any common area (these same folks are not interested in paying any kind of nomnal dues to offset future, majority approved costs). Small development, less than 20 homes. Homes are 12 years old. Can we as a majority, require all owners to be a part of an association and require dues? Thanks..

SusanW1. I concur but it's starting to get somewhat ugly. A lawyer has been retained by a few homeowners to send a certified letter to the biggest violator as our "asking" him to correct an observed violation was met with a "you guys don't have an association so you can't make me do anything". Once the letter lands, I suspect the other feet draggers will really pull away. At any rate, would appreciate any other comments from those who have experience in this. Our CC&Rs are clear and possess language about an association and dues. It's just time to get this rolling in our community but again, several owners (all newer owners) are really causing friction and are fighting it every step of the way. IF we send out ballots and vote in those who have been nominated (using returned ballots from those who choose to vote), is is OK to announce our Leader, Treasurer, and Secretary "and" inform all the owners that the association is now stood up, set up itineraries for quarterly meetings, etc.? the lawyer we've spoke to said we absolutely need to get our HOA going or more grief will come down the road.

Susan,

There is some language in the CC&Rs concerning the structure of the BOD and their inherent power but no specific, separate documented by-laws. The violations continue (I believe as the bad few know what the good majority are moving towards), they are trying to get anything and everything "violation" wise done now. We're sending out ballots very soon for the nominees but not sure how it will end up. Even after the vote, I know there are a handfull that will maintain that the vote and the BOD is invalid. Several already have said they will resfuse to pay dues. Not sure if all on the good side wish to pursue legal action for each and every violation..