Need Help New to HOA

Started by AngelC • 13 replies • 1454 views

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AngelC (Louisiana)
Posts: 2

Posted:

I just recently moved into a subdivision where we have started a HOA. (The Developer did not have a HOA in place we are creating this on our own) We have had 3 meeting already and our secretary as resigned, I have been elected as the new secretary. We seem to be having a really slow start with jump starting the HOA. I have never been in a HOA so I am really green to all the rules and guidelines that come with a HOA. I would like to know where I can locate information to educate myself on HOA. I feel I am not the only one involved that is not completely educated in dos and don’ts. Please Help!

RobertG (Arizona)
Posts: 505

Posted:

You should search through these forums for such information. There have been many recent posts about places to get information, from cities, workshops, professional organizations...

Out of curiosity, why did you start a HOA?

PaulM (Pennsylvania)
Posts: 1,347

Posted:

AngelC: Curious, since the developer has not filed official paperwork with the state/county declaring the 'development' to be a planned community or a homeowners' association, why on earth do you want to declare it as such and go through the legal ramifications and problems connected with doing so?
What is attracting you to want to declare your subdivision an HOA?

MikeF2 (Ohio)
Posts: 5

Posted:

There should be other HOA'S in your area and you might be able to get information from them. We found much of the information we get from websites like this one and do searches for Home Owners Associations on line. Most have their by-laws available so you can read through them and compare notes when making changes to your rules and regulations. I have also gone to the library and found books on property management which have been helpful.

I wish you luck as I was the same as you six years ago when I was elected into my position as board manager. I'm still learning and working on new ideas for the changing times we have especially the technology end of it.

AngelC (Louisiana)
Posts: 2

Posted:

I am not the one to start the HOA, I am just the one who was elected to be part of the board. They wanted to do it to help our property value. Thanks for the information I will start looking around to see if I can find some helpful tips.

PatL2 (Texas)
Posts: 1

Posted:

You must be a masochist to want an HOA set up in your new community. Very few HOA's are out for the betterment of the subdivision. Ours is supposed to have Quarterly meetings with the home owners. It ids middle June and we have had no meeting with them so far. Everything that is a Rule Violation according to the HOA Rules and regulations, we are met with refusal or indifference. Most regulations are really City Ordinances. So, the HOA Board usually tells you they can't do anything, for you to call your local PD. Our HOA is useless, and just keeps increasing the dues assessments each year with no reason or proof of the need to increase the dues. They are a joke, our neighborhoods in our subdivision are beginning to look like a Ghetto. Tall weeds, cars stored on street, trash, etc. They just tell us to call the Police...They just can't be bothered with us..An HOA doesn't increase the value of your home, it just increases the money in the wallets of the HOA Board, or the builder. get out while you can, you can work together with the home owners more effectively, set up your own Crime Watch with the Police Dept., and do a lot of positive things. Our home owners are beaten down, ignored by our HOA Boards. They are like the Wizard of OZ, a cowardly person behind a sheet trying to look like a big monster....Give it up before it's too late...None of our dues have gone for much improvement in our neighborhood. Where has the money gone? We get smoke and glass Treasurer Reports that mean nothing and are vague...Our HOA was "mandatory", we had no choice and we needed a home close to my ailing elderly mother...They are thieves in suits!!!

RobertG (Arizona)
Posts: 505

Posted:

to Pat

ok, tell us what you really think!

Unfortunately there is some truth to what you say, but there is a lot that not. As pointed out so many places, if you don't like the way the HOA is run, change the management (board). It can be done, but it may be difficult.

Jadedone4 (Virginia)
Posts: 495

Posted:

Pat, on your last comment, "they are thieves in suits..."

... might I add... they are also called something else.. YOUR NEIGHBORS..

Not every HOA is like you stated, there are many which do not act as you have experienced.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By PatL2 on 06/20/2007 5:30 PM
Very few HOA's are out for the betterment of the subdivision.

Oh? And how many HOAs were in you survey? Based on those HOAs of which I am aware there are very few like what you claim your's is.

JudithC (Virginia)
Posts: 253

Posted:

Angel, I'd really weigh the pros and cons before setting up an HOA. Most are having a pretty hard time making a go of it after a few years. Read not only this board but other sites and see whether this is something you want to engage in, and if you truly want to do it, I'd see an attorney as you need covenants that go with the land, etc. etc. Perhaps you really want a civic association instead?

Pat, you might find more kindred spirits if you followed some of the links on:
http://privatopia.blogspot.com/ Good luck!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Where does the money go in a HOA when it doesn't seem like it's going to improvements? Let me tell you where that money goes...
1. Legal/attorney's fees. EVERYTIME you or a neighbor threaten "lawsuit" because the board isn't running "correctly" or claiming "harrassment" because you get a notice, your forcing the HOA to pay for legal council. The people running your HOA aren't professionals. They are soccer moms and retired military. Basically, you if you were willing to volunteer. What's your first reaction to someone yelling " You stink, don't follow the rules, and I am going to sue or audit you!"?. Your going to call for legal council to ask questions and to protect yourself right? Well the HOA is ONLY funded by the members FOR the members. Attorney's are "free". That means the money used to protect the HOA (That's ALL the homeowners) is coming from it's budget.

2. How many projects do you want completed? What order do you get them done? What consitutes a worthwhile project that EVERYONE else will agree to do? If your HOA can't decide on a single project or have the funds available to complete a project, how do expect anything to get done?

3. Who in their right mind wants to take the responsibility to notify someone they are in violation of a rule? Your complaining nothing is getting done, well no one wants to step up to the job. You can NOT depend on someone else to do the job in a HOA. Your a HOMEOWNER in a community run by Homeowners. If you want something done you have got to take the initiative and make it happen. You can't simply complain and lay it on the board's footsteps. You want changes, you have to make them. That most likely means you have to head a committee that's responsible for notifying members of violations and enforcing them if you care so much.

I get tired of hearing my board doesn't do this... my neighborhood looks like garbage... no one enforces the rules... Guess what the answer to resolving all these issues? My participation! The reason ONLY the board seems to get their way in a HOA is because they are the ones that are truly interested in taking the effort to do something. If I was the only making an effort in changing things by NOT just complaining, I would get my way as well. Who's going to challenge me? The people who don't participate and only show up when they don't like something? Please, I'd tell you to blow it out your ear. However, if you want to work together as a team and step up to participate, I'd support your ideas all day long.

Former HOA President

PaulM (Pennsylvania)
Posts: 1,347

Posted:

AngelC: What do you mean by ..'help our property value'. The fact that you would somehow go through the hoops to become an HOA is not ensuring that the residents will maintain their properties in a manner that will raise property values. There are many,many posts on this forum which beg for help in getting residents to abide by the rules/regs and do what they agreed to do... To set up restrictions, and that is what a community association is--restricted living--can help, yes, for those who would keep their place maintained and beautiful anyway. Its those 'others' who you may have a difficult time convincing.

Important note to you and the 'one to start the HOA...'--
Since you are wanting to change the present type of neighborhood/living conditions now to a restricted or planned community, you will, no doubt, require 100% of all owners (if you have renters they do not vote) to agree to this change before you can proceed with any legalities. Do you think they will go for it?

RogerB (Colorado)
Posts: 5,067

Posted:

Angel, start with finding out if you have a Declaration of CC&Rs and if you are Incorporated. If so, the Developer filed the CC&Rs with the County Cleck and Recorder to initiate your HOA. In that case you are referring only to the homeowners taking control of the Board - not starting the HOA. Also, if incorporated you probably also have By-laws written by the Developer. So start by searching to see if your community has these three documents: Declaration of CC&Rs, Articles of Incorporatin, and By-laws.

If you have no CC&Rs then you are starting a "social group" which you are calling a HOA. In that case there is no means of enforcement to enhance property values.

StephenP3 (Massachusetts)
Posts: 2

Posted:

Angel,

Go to www.condotrustee.com. There's plenty of content around starting a condo association.

Stephen

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