can 1 hoa have 3 diffirent covenants

Started by PaulP6 • 6 replies • 1358 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

PaulP6 (North Carolina)
Posts: 2

Posted:

is it possible to start a hoa when the development was made by several diffirent developers. there are at least three diffirent sets of covenant restrictions. Some approve of things like chainlink fences that others deny. Is it possible to start a hoa if the owners aren't willing to budge on changing the set of covenants that they signed.

MikeR15 (Massachusetts)
Posts: 389

Posted:

Who knows. I do know that my HOA CCRs are not worth the paper they are written on anyway.

Only split rail fence is allowed.

2 board members have chain link.

No dishes of any type (minus what the FCC allows)

1 board member has a 10' tall dish in his front yard.

Only asphalt or sea shell drives

Guess who has a concrete drive...

Oh but they did take some young family to court for fines (prior to even amending the documents to allow them!)

because they didn't like his (already approved by the ARC) LAMPOST!

Most folks around here have zero respect for this whole HOA thing..who can blame them?

DaveD3 (Michigan)
Posts: 796

Posted:

Quote:

Posted By MikeR15 on 07/22/2013 5:15 PM
Who knows. I do know that my HOA CCRs are not worth the paper they are written on anyway.

Why bother chiming in with "advice" on something you claim to not know about, only to vent about your perceived grievances?

PAUL,
You have a development without a HOA that's comprised of several individual developments, each built with it's own covenants & restrictions?

Sure, you can create an HOA, but you'll have to succumb to the lowest common denominator as far as regulations go. Generally, to institute a brand new HOA, every single owner would have to approve. So you might be SOL if you want to establish a new HOA and write new regulations. Or you end up grandfathering in a lot of stuff which has its own issues down the road.

PaulP6 (North Carolina)
Posts: 2

Posted:

I kind of figured that. It's a messed up mix of paperwork. I'm guessing that the only covenant that pertains to anyone is the one "they" signed, and none of the other covenants has anything to do with them. There is really no way to form a HOA unless everyone agrees to have new covenants written, and have everyone agree to them and sign them. Figure the odds.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Is this different copies each member has or different copies the courthouse has? The real copy is kept at the courthouse in the records department. That is where they are to be filed. They are public documents. It is not unusual to have multiple copies floating around. However, the real one is the one on file.

Former HOA President

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By PaulP6 on 07/22/2013 5:08 PM

is it possible to start a hoa when the development was made by several diffirent developers.

Yes. However, the Covenants will decide if the Association is mandatory or voluntary.

Quote:

Posted By PaulP6 on 07/22/2013 5:08 PM

Is it possible to start a hoa if the owners aren't willing to budge on changing the set of covenants that they signed.

Again, yes.
I see the following options:

1) Have one Association knowing you need to abide by three different CC&Rs.

2) Have three smaller associations, each governing their own section (for things like architectural approvals, etc.) and one master association taking care of the common elements that all of the members use (roads, playgrounds, pools, etc.).

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Paul

I know of several HOA's that are made up of sub-HOA's with differing Covenants/Bylaws. Each sub-HOA has dues and takes care of their individual association plus they pay dues to the master-HOA. The Pres of each sub-HOA is on the master-HOA Bod and there are several at-large positions (from the sub-HOA's) on the master-HOA BOD. The master-HOA oversees the amenities (pools, tennis, etc.) and shared common areas.

That said, it might be easier to get all under one set of Covenants/Bylaws.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here