New HOA in existing neighborhood

Hello,

My neighbors and I have been having problems with many of our other neighbors and there has been some discussion about creating an HOA to help deal with the problems. We are trying to find out what the laws are regarding HOA creation in an existing neighborhood. This neighborhood is in middle Tennessee. I went through my paperwork that we signed at closing and there is a mention of an HOA in one of the documents we signed but it clearly states zero fees. I also found a copy of the "Declaration of covenents, conditions, and restrictions" although we didn't sign it. Presently there is no active HOA board and the developer of this neighborhood is deceased. Is there a legal avenue to create an HOA? What would it entail? Can HOA fees be forced on existing residents? Would a majority of the residents be required to support the HOA or could a small group create one?

Thanks,

Concerned neighbor

Buyers generally do not sign the Declaration. By purchasing property subject to the recorded Declaration, you have accepted the terms of the Declaration.

You need to do some detective work to find out what happened to the association that should have been described in the Declaration. If it is merely dormant you may be able to resurrect the association. If it was dissolved, you may have an uphill battle in trying compel your neighbors to join a new association.

BTW, my present home is also subject to a Declaration but there is no association. It is up to individual owners to enforce the terms of the Declaration.