BlayrB (Indiana)
Posts: 2
Posts: 2
Posted:
Hello - first time to post so I would appreciate any and all help available to me. Thanks in advance.
I just took over an HOA with some controversy. I am a homeowner - we don't have a management company. There are only 60 homes and all are older (1950-1970s). There was not an HOA until about 10 years ago when 5-6 people go together to create an HOA because of a 2 acre park and pond considered commons area that needed to be maintained.
1st - I do not believe they are a legal entity. I can't find anyone to give me a straight answer as to whether there have been any papers filed to make this association an NGO or corporation or non-profit. No one seems to know or wants to tell me.
2nd - They are currently running under Bylaws that were enacted about 2 years ago that talk about putting liens on peoples home for non-payment of dues. The problem some homeowners have is that they bought their homes without there being an HOA and now are being threatened with liens. The original covenants say nothing about HOA dues or an HOA period.
I will but the original restrictions below, as well as, the current "bylaws". I was told by an attorney that you can't just force bylaws that force fines and restrictions onto homeowners that have lived there for many years. It would have had to be in the original covenants or restrictions when they bought their home.
Can anyone help? Has anyone dealth with something like this. Can we just make up bylaws and vote on them at a meeting and start putting liens on homes? The bylaws committee says we can because the last few lines say something about dues, but I don't read it that way. I also don'e see how we can regulate ducks (wildfowl)...
____________________________________________________________
Bylaws of the ?? Homeowners Association
??, Indiana
Restrictions run with the land.
Article I
Name
The name of this Association shall be ?? Homeowners Association.
Article II
Object
The object of this Association shall be to provide a safe and attractive neighborhood by having a homeowners association with elected officers.
This Association shall be for the principal purpose of providing a convenient means of administering and managing the common areas of the ?? Homeowners Association. It shall also manage and direct any other activities as requested by a majority of the homeowners from time to time and that fall into the legal area of their option to request and have carried out.
The Association shall have the power to contract for the management and maintenance of the common areas by performing such functions as the submission of proposals, collection of assessments, preparation of records, and maintenance, repair, improvement and replacement of the common areas with funds made available by the Association.
Article III
Members
Section 1. The membership of this association shall be comprised of all homeowners of the ?? neighborhood provided each homeowner pays an annual assessment as established by the officers. Membership in the association shall reside with the property owners and cannot be transferred, assigned, or waived due to the ownerâs absence, rental, or leasing of the property.
A. If a person owns more than one lot for a single family residence, that owner will have one vote and will pay one association fee.
B. Should a person sell a vacant lot, the new owners shall become members and be assessed for dues beginning the next calendar year.
Section 2. Voting rightsâEach dues-paying household constitutes one vote.
Article IV
Assessment and Payment of Dues
Section 1. RestrictionsâSee the addendum for restrictions that run with the land.
Section 2. AssessmentâAnnual assessment for the upcoming year will be determined yearly. Assessment rates are subject to change when deemed necessary to cover expenses or reflect surpluses. Such changes shall be proposed by the officers at the November meeting and approved by a majority of members present.
A treasurerâs report and invoice will be sent one month before the first meeting of the next year. Payment is due thirty days after receipt of invoice.
The treasurer will notify residents thirty (30) days in arrears, and those whose assessments are not paid within 30 days thereafter will not be covered under the liability insurance policy which encompassed the Park and Lake property of which all land owners became owners upon dissolution of the developers corporation of ?? Builders.
Section 3. Enforcement âRestrictions and bylaws shall be enforced by proceedings of law. Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 15% per year. The association may bring an action of law against the property. No owner may waive or otherwise escape liability for the assessment by non-use of common areas or abandonment of property. Failure to pay the assessment fee shall operate as a lien against the real estate. The annual assessment, together with interest, cost of collection, and reasonable attorney fees shall be a charge on the land and shall be a continuing lien upon the real estate on which the assessment was made.
Article V
Officers
Section 1. The officers of this Association shall consist of five (5) membersâPresident, First Vice-President, Second Vice-President, Secretary, and Treasurer. These officers shall perform duties prescribed by these bylaws as follows:
PresidentâThe President shall preside over all meetings. The President shall be responsible for an annual report to all Association members showing complete details concerning financial data, projects undertaken and completed, future projects, social occasions, etc. The President shall call special meetings when needed and arrange the consultation meeting for officers before each association meeting as described below.
First Vice-PresidentâThe First Vice-President shall assume duties of any other officer in his/her absence. In the event of death, resignation or other reason for the President vacating that position, the First Vice-President shall serve out the unexpired term.
Second Vice-PresidentâThe Second Vice-President shall assist other officers in whatever capacity may be necessary and will move into the position of the First Vice-President if needed.
SecretaryâThe Secretary shall serve as recording officer and custodian of all records except those specifically assigned to others, i.e., treasurer, etc. The Secretary shall send notices as necessary to keep association members advised of neighborhood happenings, meetings, etc.
TreasurerâThe Treasurer shall be responsible for collecting assessments from each homeowner, maintaining a bank account, paying all bills, and submitting a financial report at each meeting. Financial records will be available for audit at all times upon request.
Section 2. At the regular meeting held in August, the officers shall appoint three members to a nominating committee. It shall be the duty of this committee to recommend a slate of officers at the annual meeting in November. At that meeting additional nominations from the floor shall be permitted. The secretary may cast a unanimous ballot for positions which are unopposed. If multiple nominations for an office have been made, voting shall be by ballot. New officers shall assume office in January
Section 3. Terms are for for two years. Individuals may hold offices for additional terms if re-elected.
Section 4. The officers shall have general supervision of the affairs of the association between its business meetings, confirm the hour and place of meetings, make recommendations to the association and perform such other duties as are specified in these bylaws. Officers shall be subject to the orders of the association and none of their acts shall conflict with action taken by the association.
Article VI
Meetings
Section 1. Regular meetings of the Association shall be held on the second Saturdays of February, May, August, and November. Meetings will be at 2:30 at a home to be announced. Changes or additions to this schedule shall be announced at least two weeks in advance. The officers will consult one month before each regularly scheduled meeting to discuss current issues, set the agenda, and prepare the notice to be delivered to all members.
Section 2. Officers for the coming year will be elected at the November meeting as described in Article V, Section 2
Section 3. Special meetings may be called by the president, at the request of two officers, or when requested by five or more association members.
Section 4. Three of the five elected officers must be present at a meeting to conduct business. Officers are members of the Association and shall be counted as part of the quorum.
Section 5. A quorum is the minimum number of members of a deliberative body, assembly, or society that must be present at any given meeting to make the proceedings of that meeting valid. A quorum for an Altawood Homeowners Association meeting shall consist of those present at the meeting provided that notice of the meeting was delivered to all members at least two weeks in advance.
Section 6. Absentee voting. If unable to attend a scheduled meeting, a member may vote and/or express concerns in writing to any officer at least two days before the scheduled meeting.
Article VII
Committees
Committees shall be appointed by the President as needed. Committees may include, but are not limited to, nomination, maintenance of common areas, maintenance of entrance, evaluation of bylaws, and social planning.
Article VIII
Maintenance and Appearance of Private & Public Properties
Section 1. Private propertyâHomeowners are responsible for the appearance of their homes and lawns.
A. Garbage and litterâNo lot, vacant or otherwise, may be used as a dumping or collecting ground for rubbish, trash, or garbage. Trash, garbage and other waste shall be kept in sanitary containers. Burning of household garbage is prohibited.
B. VehiclesâVehicles without current registration shall not be visible from the road.
C. On-street parkingâNo vehicle shall be continuously or habitually parked on any street or public right-of-way for longer than 24 hours. Overnight on-street parking is unsafe and strongly discouraged.
D. Signs and seasonal notices or decorationsâNo signs for advertising or other purposes, excluding seasonal decorations and/or announcements such as special events or sale or rental of a property shall be displayed. All signs should be removed when no longer current.
E. Restrictions that run with the landâSee the addendum for the restrictions that run with the land that are on file in the county records. All of these also apply.
Section 2. PetsâDogs are subject to county-wide leash laws. Dogs must be in the company of their owners or restrained by fence or leash. Owners unresponsive to written notice will be referred to the appropriate authorities.
Section 3. Public areasâThe park and pond are public areas maintained for all ?? residents, and no one shall degrade their appearance or usefulness to members.
A. Blowing of leaves and dumping of lawn refuse from private property into the park is prohibited.
B. Motorized vehicles other than mowers and other maintenance vehicles are prohibited in the park and on the paths and trails.
C. PondâFeeding and/or sheltering of wild animals and waterfowl anywhere in ?? are prohibited. No person shall feed, cause to be fed, or provide food for waterfowl or other game animals. It has been determined that the feeding of wild waterfowl by well-meaning persons is one underlying cause for the large-scale congregation of wildfowl. They contribute to high coliform (bacilli) counts, a major contaminant that contributes to the degrading of watercourses and wetlands, and greatly increase erosion. Such feeding of waterfowl is hostile to public health and the health of the birds.
1. Humane actsâNothing in the above should be construed to prohibit humane acts in individual cases, such as the temporary nurturing of a wounded bird or abandoned gosling upon oneâs premises.
2. EnforcementâAny person who violates the provision in Section 3C above shall be reported to the Floyd County Health Department.
Article IX
Amendment of Bylaws
These bylaws may be amended at any meeting of the association by a two-thirds vote of those present, provided that the amendment has been submitted to all association members at a previous meeting or in writing two weeks prior to the amendment vote.
Addendum
5094
EXAMINED & DELIVERED
Aug 4 1947
to Mutual Trust
??; Recorder ?? County
We, the undersigned, being the owners of all the lots in Plat No. ?? of the ?? County, Indiana Records, do hereby rescind and cancel the restrictions made a part of such plat and do hereby make, declare and publish the following as protective covenants running with the land in Plat No. ?? and binding on all parties claiming by, under or through us:
1. All lots in the tract shall be known and described as residential lots. No structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars.
2. No building shall be located nearer to the front lot line or nearer to the side street line than the building set back lines shown on the recorded plat. In any event, no building shall be located on any residential building plot nearer than 40 feet to the front lot line, nor nearer than 20 feet to any side street line. No building except a detached garage or other outbuilding located 75 feet or more from the front lot line, shall be located nearer than 10 feet to any side lot line.
3. No more than one residence and one garage shall be placed or erected on any one lot of said Plat.
4. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
5. No trailer, basement, tent, shack, garage, barn, or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
6. No dwelling costing less than $7,500 shall be permitted on any lot in the tract. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than Fifteen Hundred (1500) square feet in the case of a one-story structure nor less than 900 square feet in the case of a one and one-half, two, or two and one-half-story structure.
7. Easements affecting Lots Nos. 31â51 inclusive and Lots 55â61 inclusive are reserved as shown on the recorded plat, for utility installation and maintenance.
8. An easement is reserved for the rear 10 feet of each lot for utility installation and maintenance.
9. Dwellings erected on Lots 1, 2, 3, 4, 5 and 6 shall front to State Road #150.
10. Dwellings erected on Lots 66, 67, 68 and 69 shall front to Lake and Park and shall not front to Orchard Land. (sic)
If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation.
Invalidation of any one of these Covenants by judgment or court order shall in no wise effect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF the undersigned have caused this to be executed this 19th day of July, 1947.
I just took over an HOA with some controversy. I am a homeowner - we don't have a management company. There are only 60 homes and all are older (1950-1970s). There was not an HOA until about 10 years ago when 5-6 people go together to create an HOA because of a 2 acre park and pond considered commons area that needed to be maintained.
1st - I do not believe they are a legal entity. I can't find anyone to give me a straight answer as to whether there have been any papers filed to make this association an NGO or corporation or non-profit. No one seems to know or wants to tell me.
2nd - They are currently running under Bylaws that were enacted about 2 years ago that talk about putting liens on peoples home for non-payment of dues. The problem some homeowners have is that they bought their homes without there being an HOA and now are being threatened with liens. The original covenants say nothing about HOA dues or an HOA period.
I will but the original restrictions below, as well as, the current "bylaws". I was told by an attorney that you can't just force bylaws that force fines and restrictions onto homeowners that have lived there for many years. It would have had to be in the original covenants or restrictions when they bought their home.
Can anyone help? Has anyone dealth with something like this. Can we just make up bylaws and vote on them at a meeting and start putting liens on homes? The bylaws committee says we can because the last few lines say something about dues, but I don't read it that way. I also don'e see how we can regulate ducks (wildfowl)...
____________________________________________________________
Bylaws of the ?? Homeowners Association
??, Indiana
Restrictions run with the land.
Article I
Name
The name of this Association shall be ?? Homeowners Association.
Article II
Object
The object of this Association shall be to provide a safe and attractive neighborhood by having a homeowners association with elected officers.
This Association shall be for the principal purpose of providing a convenient means of administering and managing the common areas of the ?? Homeowners Association. It shall also manage and direct any other activities as requested by a majority of the homeowners from time to time and that fall into the legal area of their option to request and have carried out.
The Association shall have the power to contract for the management and maintenance of the common areas by performing such functions as the submission of proposals, collection of assessments, preparation of records, and maintenance, repair, improvement and replacement of the common areas with funds made available by the Association.
Article III
Members
Section 1. The membership of this association shall be comprised of all homeowners of the ?? neighborhood provided each homeowner pays an annual assessment as established by the officers. Membership in the association shall reside with the property owners and cannot be transferred, assigned, or waived due to the ownerâs absence, rental, or leasing of the property.
A. If a person owns more than one lot for a single family residence, that owner will have one vote and will pay one association fee.
B. Should a person sell a vacant lot, the new owners shall become members and be assessed for dues beginning the next calendar year.
Section 2. Voting rightsâEach dues-paying household constitutes one vote.
Article IV
Assessment and Payment of Dues
Section 1. RestrictionsâSee the addendum for restrictions that run with the land.
Section 2. AssessmentâAnnual assessment for the upcoming year will be determined yearly. Assessment rates are subject to change when deemed necessary to cover expenses or reflect surpluses. Such changes shall be proposed by the officers at the November meeting and approved by a majority of members present.
A treasurerâs report and invoice will be sent one month before the first meeting of the next year. Payment is due thirty days after receipt of invoice.
The treasurer will notify residents thirty (30) days in arrears, and those whose assessments are not paid within 30 days thereafter will not be covered under the liability insurance policy which encompassed the Park and Lake property of which all land owners became owners upon dissolution of the developers corporation of ?? Builders.
Section 3. Enforcement âRestrictions and bylaws shall be enforced by proceedings of law. Any assessments not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of 15% per year. The association may bring an action of law against the property. No owner may waive or otherwise escape liability for the assessment by non-use of common areas or abandonment of property. Failure to pay the assessment fee shall operate as a lien against the real estate. The annual assessment, together with interest, cost of collection, and reasonable attorney fees shall be a charge on the land and shall be a continuing lien upon the real estate on which the assessment was made.
Article V
Officers
Section 1. The officers of this Association shall consist of five (5) membersâPresident, First Vice-President, Second Vice-President, Secretary, and Treasurer. These officers shall perform duties prescribed by these bylaws as follows:
PresidentâThe President shall preside over all meetings. The President shall be responsible for an annual report to all Association members showing complete details concerning financial data, projects undertaken and completed, future projects, social occasions, etc. The President shall call special meetings when needed and arrange the consultation meeting for officers before each association meeting as described below.
First Vice-PresidentâThe First Vice-President shall assume duties of any other officer in his/her absence. In the event of death, resignation or other reason for the President vacating that position, the First Vice-President shall serve out the unexpired term.
Second Vice-PresidentâThe Second Vice-President shall assist other officers in whatever capacity may be necessary and will move into the position of the First Vice-President if needed.
SecretaryâThe Secretary shall serve as recording officer and custodian of all records except those specifically assigned to others, i.e., treasurer, etc. The Secretary shall send notices as necessary to keep association members advised of neighborhood happenings, meetings, etc.
TreasurerâThe Treasurer shall be responsible for collecting assessments from each homeowner, maintaining a bank account, paying all bills, and submitting a financial report at each meeting. Financial records will be available for audit at all times upon request.
Section 2. At the regular meeting held in August, the officers shall appoint three members to a nominating committee. It shall be the duty of this committee to recommend a slate of officers at the annual meeting in November. At that meeting additional nominations from the floor shall be permitted. The secretary may cast a unanimous ballot for positions which are unopposed. If multiple nominations for an office have been made, voting shall be by ballot. New officers shall assume office in January
Section 3. Terms are for for two years. Individuals may hold offices for additional terms if re-elected.
Section 4. The officers shall have general supervision of the affairs of the association between its business meetings, confirm the hour and place of meetings, make recommendations to the association and perform such other duties as are specified in these bylaws. Officers shall be subject to the orders of the association and none of their acts shall conflict with action taken by the association.
Article VI
Meetings
Section 1. Regular meetings of the Association shall be held on the second Saturdays of February, May, August, and November. Meetings will be at 2:30 at a home to be announced. Changes or additions to this schedule shall be announced at least two weeks in advance. The officers will consult one month before each regularly scheduled meeting to discuss current issues, set the agenda, and prepare the notice to be delivered to all members.
Section 2. Officers for the coming year will be elected at the November meeting as described in Article V, Section 2
Section 3. Special meetings may be called by the president, at the request of two officers, or when requested by five or more association members.
Section 4. Three of the five elected officers must be present at a meeting to conduct business. Officers are members of the Association and shall be counted as part of the quorum.
Section 5. A quorum is the minimum number of members of a deliberative body, assembly, or society that must be present at any given meeting to make the proceedings of that meeting valid. A quorum for an Altawood Homeowners Association meeting shall consist of those present at the meeting provided that notice of the meeting was delivered to all members at least two weeks in advance.
Section 6. Absentee voting. If unable to attend a scheduled meeting, a member may vote and/or express concerns in writing to any officer at least two days before the scheduled meeting.
Article VII
Committees
Committees shall be appointed by the President as needed. Committees may include, but are not limited to, nomination, maintenance of common areas, maintenance of entrance, evaluation of bylaws, and social planning.
Article VIII
Maintenance and Appearance of Private & Public Properties
Section 1. Private propertyâHomeowners are responsible for the appearance of their homes and lawns.
A. Garbage and litterâNo lot, vacant or otherwise, may be used as a dumping or collecting ground for rubbish, trash, or garbage. Trash, garbage and other waste shall be kept in sanitary containers. Burning of household garbage is prohibited.
B. VehiclesâVehicles without current registration shall not be visible from the road.
C. On-street parkingâNo vehicle shall be continuously or habitually parked on any street or public right-of-way for longer than 24 hours. Overnight on-street parking is unsafe and strongly discouraged.
D. Signs and seasonal notices or decorationsâNo signs for advertising or other purposes, excluding seasonal decorations and/or announcements such as special events or sale or rental of a property shall be displayed. All signs should be removed when no longer current.
E. Restrictions that run with the landâSee the addendum for the restrictions that run with the land that are on file in the county records. All of these also apply.
Section 2. PetsâDogs are subject to county-wide leash laws. Dogs must be in the company of their owners or restrained by fence or leash. Owners unresponsive to written notice will be referred to the appropriate authorities.
Section 3. Public areasâThe park and pond are public areas maintained for all ?? residents, and no one shall degrade their appearance or usefulness to members.
A. Blowing of leaves and dumping of lawn refuse from private property into the park is prohibited.
B. Motorized vehicles other than mowers and other maintenance vehicles are prohibited in the park and on the paths and trails.
C. PondâFeeding and/or sheltering of wild animals and waterfowl anywhere in ?? are prohibited. No person shall feed, cause to be fed, or provide food for waterfowl or other game animals. It has been determined that the feeding of wild waterfowl by well-meaning persons is one underlying cause for the large-scale congregation of wildfowl. They contribute to high coliform (bacilli) counts, a major contaminant that contributes to the degrading of watercourses and wetlands, and greatly increase erosion. Such feeding of waterfowl is hostile to public health and the health of the birds.
1. Humane actsâNothing in the above should be construed to prohibit humane acts in individual cases, such as the temporary nurturing of a wounded bird or abandoned gosling upon oneâs premises.
2. EnforcementâAny person who violates the provision in Section 3C above shall be reported to the Floyd County Health Department.
Article IX
Amendment of Bylaws
These bylaws may be amended at any meeting of the association by a two-thirds vote of those present, provided that the amendment has been submitted to all association members at a previous meeting or in writing two weeks prior to the amendment vote.
Addendum
5094
EXAMINED & DELIVERED
Aug 4 1947
to Mutual Trust
??; Recorder ?? County
We, the undersigned, being the owners of all the lots in Plat No. ?? of the ?? County, Indiana Records, do hereby rescind and cancel the restrictions made a part of such plat and do hereby make, declare and publish the following as protective covenants running with the land in Plat No. ?? and binding on all parties claiming by, under or through us:
1. All lots in the tract shall be known and described as residential lots. No structures shall be erected, altered, placed or permitted to remain on any residential building plot other than one detached single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars.
2. No building shall be located nearer to the front lot line or nearer to the side street line than the building set back lines shown on the recorded plat. In any event, no building shall be located on any residential building plot nearer than 40 feet to the front lot line, nor nearer than 20 feet to any side street line. No building except a detached garage or other outbuilding located 75 feet or more from the front lot line, shall be located nearer than 10 feet to any side lot line.
3. No more than one residence and one garage shall be placed or erected on any one lot of said Plat.
4. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.
5. No trailer, basement, tent, shack, garage, barn, or other outbuilding erected in the tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence.
6. No dwelling costing less than $7,500 shall be permitted on any lot in the tract. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than Fifteen Hundred (1500) square feet in the case of a one-story structure nor less than 900 square feet in the case of a one and one-half, two, or two and one-half-story structure.
7. Easements affecting Lots Nos. 31â51 inclusive and Lots 55â61 inclusive are reserved as shown on the recorded plat, for utility installation and maintenance.
8. An easement is reserved for the rear 10 feet of each lot for utility installation and maintenance.
9. Dwellings erected on Lots 1, 2, 3, 4, 5 and 6 shall front to State Road #150.
10. Dwellings erected on Lots 66, 67, 68 and 69 shall front to Lake and Park and shall not front to Orchard Land. (sic)
If the parties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the covenants herein it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation.
Invalidation of any one of these Covenants by judgment or court order shall in no wise effect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF the undersigned have caused this to be executed this 19th day of July, 1947.