Want to make restart our HOA

Started by HeatherM7 • 6 replies • 1674 views

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HeatherM7 (Oregon)
Posts: 2

Posted:

I just moved into a neighborhood that has an HOA that is not active at this time. They have their CC & R's that are given and registered with the county. I want to get the HOA active again because we have one house in the neighborhood that has trash all in the yard, broken down cars,and chickens not kept in their yard. The county code enforcement officer is a joke, so I thought this would be a way to help the owner clean up. How do you restart a HOA, how do you enforce the rules set forth in the bylaws? The HOA is active in one sence, they do collect the irrigation fees for our neighborhood. I have never started an HOA, so I am a newbie and need all the direction I can get. Thanks

SharonH9 (Virginia)
Posts: 216

Posted:

My advice is DON'T DO IT!! I know it's frustrating but if it's just one home maybe you and your neighbors can offer to help clean up the neighbor's yard. Or have a designated neighborhood clean up day to disguise your purpose and so as not embarrass them. Gather up your neighbors and work together to clean it up.

Just a suggestion. But if you read many posts on this site, HOA's are fraught with conflict and in my opinion not worth the effort.

FrankS10 (Kansas)
Posts: 276

Posted:

I second Sharon's advice! Good luck though.

GlenL (Ohio)
Posts: 5,491

Posted:

A daunting task to be sure and not one for the faint of heart because this is evidently how your neighbors want it so be prepared for some feedback.

The first place to start would be to find out just who is collecting the irrigation fees. If it is the "HOA" is that all that they are collecting? What about insurance on the common areas (if any), if not and someone were to be injured or killed on a CA, then each and every homeowner could be sued individually over it.

Then you need to determine the status of the corporation that is the HOA, that information is often available on the individual states Secretary of State's website. If the corporation is inactive or administratively dissolved, it may be simple to remedy or complex depending on how long it has been.

If the HOA is there but operating minimally then you need to volunteer to bring it up to date. If not, then you would need to gather the support of your fellow homeowners to have a meeting and elect a Board.

Or you have another option, you could sue your neighbor in court to enforce the deed restrictions and to hopefully recover your attorney fees.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By HeatherM7 on 09/04/2013 3:28 PM

I want to get the HOA active again because we have one house in the neighborhood that has trash all in the yard, broken down cars,and chickens not kept in their yard. . . . The HOA is active in one sence, they do collect the irrigation fees for our neighborhood.

If the HOA is active, you can participate in the process but you can't really restart it.

From your posting, I get the idea that what you really want is for this individuals yard to be cleaned up. Since, per your posting, the County isn't able to accomplish this, you appear to want another entity, the Association, do accomplish this.

You seem to be forgetting that you have the authority to accomplish this yourself through the courts.

Quote:

Posted By HeatherM7 on 09/04/2013 3:28 PM

so I thought this would be a way to help the owner clean up.

In my opinion, if you really wanted to help the owner clean up might try a different tactic, talking to them and offering to help.

Perhaps there are medical or financial issues preventing them from taking care of the property to the standards listed in the CC&Rs. Talking to them may reveal a reason to you and, if possible, you could assist by helping the neighbor do some cleaning/repairs. This would certainly be the neighborly way.

Quote:

Posted By HeatherM7 on 09/04/2013 3:28 PM

How do you restart a HOA, how do you enforce the rules set forth in the bylaws?

Typically the governing documents authorizes both the members and the Association to enforce the terms of the documents. However, it is also typical for those documents to not require enforcement.

If the Association has chosen not to enforce and you want them to start enforcing, you gather support and elect yourself and/or others who agree as you do to the Board of the Association.

Regardless if the Association is enforcing or not, you as a member also have the authority to enforce. This would be done through the courts. Since State laws differ, you should consult a local attorney to identify the process you would need to follow.

HeatherM7 (Oregon)
Posts: 2

Posted:

Thanks for all the advice. I would be more than willing to help clean up, but they are lazy, and I believe they may deal drugs. I am a bit to nervous to even go over to the house. That is why I thought go to the HOA would be the better option. This way we could say we are just enforcing everyone, and I would. The county is also stepping in right now, but they can only handle the solid waste, like broken down cars. They can't fine on the trash, but I guess the HOA can. Where would I find good bylaws to copy? Any suggestions?

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

Where would I find good bylaws to copy?

You said you already have bylaws.

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