Voluntary HOA After the 20 years

Started by KellyT • 6 replies • 1191 views

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KellyT (Ga)
Posts: 25

Posted:

Just purchased a home in an subdivision. Some of the homeowners have banded together to keep the HOA going and HOA dues are voluntary. The money is mostly used to keep the front entrance looking nice (lights, landscaping, and irrigation.) There aren't any amenities. Are there any governing rules regarding voluntary HOA's? They still have By-laws and Articles and file taxes each year. But, does there need to be a 100% vote, agreement to keep the HOA going like this. If not, can you even have an HOA if only a few homeowners want to volunteer to keep up the front entrance. Any information would be appreciated.

KellyT (Ga)
Posts: 25

Posted:

Actually, the covenants are no longer binding. Would that mean the homeowners would also need to file new Articles if they wanted to keep it an HOA?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kelly

What makes you believe the Covenants are no longer binding?

KellyT (Ga)
Posts: 25

Posted:

I received a copy of the Covenants filed with the county, which states it is binding to the land until August 31 2007. I figure the next question would be whether or not the Articles of Incorporation are up to date. From what I'm learning, the neighborhood is still responsible for upkeep of the neighborhood, unless they choose to dissolve. So, maybe I probably need to rephrase my question: What should occur with an HOA once the covenants expire?

Sorry, I tried to search this topic, I'm sure it's been discussed before but, I was kept giving me an error message.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kelly

It is not uncommon for an HOA to have a limited/defined role(s) such as only for maintaining an entrance way, signage, retention pond, etc. I would be sure the corporation is alive and well to be able to do such but it seems it might be.

I would see no need to reactivate the Covenants.

What is your concern?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By KellyT on 05/02/2016 9:03 AM
I received a copy of the Covenants filed with the county, which states it is binding to the land until August 31 2007.

Typically, the language in the covenants specify an auto renewal unless the document is amended to remove such renewal.

Double check.

KellyT (Ga)
Posts: 25

Posted:

No true concern, as of yet. We own another home with an HOA, with multiple issues and problems all the time. Now, I'm in a neighborhood with what seems to be a pretty easy going HOA with voluntary dues. However, I play on the side of caution. There will always be an issue someone has with someone else and I just want to be ready for it.

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