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JimS37 (Ohio)
Posts: 2
Posted:
So, our voluntary HOA for 950 individual homes, since 1940's, now has fewer than 275 dues payers. As revenues have suffered, the community is also demanding more attention to homes in need of maintenance, updating, painting, etc. Since there are no paid staff members and at least 50 homes our survey says are in need of some repair, what's the best suggestion for funding the costs of legal action, if necessary?

I'm thinking that creating new revenue stream(s) would be helpful...any suggestions?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Tell the community to put up or be quiet.

Explain that enforcing covenants costs and if individuals are not willing to join the Association, they by (as is typically authorized within the governing documents) seek to enforce the covenants on their own.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Jim,

How would a voluntary HOA have any authority to enforce the covenants? Even if the covenants permit civil action as an enforcement tool, how would a voluntary association (presumably not a property owner) have any standing in the matter?

JimS37 (Ohio)
Posts: 2
Posted:
Larry,

It seems improbable but in fact the city supports this association and every property has covenants attached to deeds that are actionable. The problem is that there isn't enough revenue to support a legal battle, should one occur, which has caused the hoa to be to lenient and not aggressive enough with enforcement.

This association is 70+ years old and was created to justify preventing "undesirable" buyers from purchasing back before civil rights laws were in place. Now, everyone, every race and nationality lives here and the neighborhood is beautiful, friendly, but seeing some deterioration. Slate roofs, beautiful old landscaping, park, city rec center, bus lines, shopping all just around the corner.

I was charged with correcting the situation, if possible, so I'm taking an approach with a solution I haven't been able to find anywhere online for hoas with this problem. Oh, and there have been many cases brought over the years that have been validated in the local housing court, so enforcement, though fragile, does in fact work here

Jim
NpS (Pennsylvania)
Posts: 4,216
Posted:
950 homes.
275 paying dues.
50 in disrepair.

How much are dues?
How many of the 50 pay dues?
What do your expenses look like?

Sikubali jukumu. Read all posts at your own risk.

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