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JesseW (Texas)
Posts: 1
Posted:
Our community is thinking of forming and HOA. Where do we begin? Does every homeowner have to agree? We know nothing at this point. Would someone point us in the right direction.Found this site through a websearch.
Jesse
GloriaM (North Carolina)
Posts: 829
Posted:
Jesse:

What state are you in?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would suggest reading my post "General HOA information". That may shed some light on what your entering.
You can also get the forms you may need at an Office supply store like Staples. They have some of the forms your going to need. They cost under $20 and come with CD's in some cases. You can find these forms where they offer "Sale your own Home..." forms. It's usually a rack. You will possibly need the form on "Incorporation" if you decide to take that route. Convenants and Restrictions are public documents and must be filed at your COUNTY courthouse. This can cost money to file. By-laws depend on what state you live in if they need filed. Those are the rules of the HOA itself.
Read more post on here and decide. This is a positive message board with real information and well educated people. Some HOA aren't as good or are really negative. Good luck!

Former HOA President
HaroldS1 (Arizona)
Posts: 314
Posted:
Does every homeowner have to agree?>>> Absolutely.
RogerB (Colorado)
Posts: 5,067
Posted:
Jesse, to create a new Declaration of CC&Rs from scratch would require 100% signed approval. If a Declaration (Covenants) already exist you can form a voluntary community HOA for only those who wish to join. This creates what I call a "social club" - they can enforce restrictions which already exist but usually have neither sufficient nor guaranteed funds to have any "teeth". You can also seach and read the thread on changing from a voluntary to a manditory HOA.

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