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MikeM34 (Maryland)
Posts: 1
Posted:
A group of 5 families all built homes recently (3 years or less) from a builder here in Maryland. That builder has since gone bankrupt. We need to hire a company or self manage our HOA from what I understand. Since there are only 5 homes, it was suggested by some that we "self manage" the HOA. That sounds great and all, but where do we start? There is apparently software out there, but with only 5 homes to keep track of, I don't think we need any accounting help. Are there websites or good information about setting up HOAs and what type of work duties we should all be responsible for on a monthly basis? We are all pretty close and talk to each other multiple times a week. Any help would be greatly appreciated. thanks

SheliaH (Indiana)
Posts: 6,964
Posted:
First, you may want to consider if you need a HOA - when you brought your home, what, if anything, did the builder say about homeowner associations? For example, was there mention of "common areas" such as sidewalks the HOA would be responsible for? If not, you may not have to do anything and everyone would be responsible for their own property. If there are common areas, check all the paperwork you received form the builder so you can take inventory on what your association will be responsible for.

If the builder is still around (what's left of it), you need to contact that person to see if anything's been filed with the county or state to establish your HOA, and perhaps verify what's considered "common areas." Check your documents first to see if there are papers with "declaration", "articles of incorporation" "Bylaws" and "CCRs" are buried among them. If so, get comfy and start reading - you'll get a basic foundation on how the developer set up your HOA. Then everyone should pitch in and hire an attorney so he/she can go through them to see where you're at and what needs to be done, such as updating the documents to remove all references to the builder.

With 5 homes, it doesn't seem you'll need a property manager, but self management will mean EVERYONE will need to pitch in to help run the association. A HOA board usually oversees policy and overall direction of the association while the property manager handles the day to day stuff. If you're self managed, someone (everyone) will need to work together in setting a budget, hiring and supervising vendors, setting up rules, a bank account to deposit the community funds (absolutely no co-mingling of personal/association accounts!!!), etc. I would suggest you first educate yourself on the pros and cons of property management vs. self management by going to the community association institute (CAI) website - there are dozens of books and webinars on all things HOA, including self-management. If your HOA is going to be five families, I suggest everyone avail themselves of these resources.

This IS a lot of work, so at first, you might want to hire a property manager to assist you in establishing policy and protocols, along with your attorney. If you decide you'd rather hire a property manager to handle the day to day, the CAI website has good information on what to look for.

You've found this website and there are lots and lots (and lots!) of conversation ranging from setting up newsletters to avoiding embezzlement. Start with searching "HOA self management" or some variation and read some of the conversations to get an idea on how it works (or not!) As you learn more about what you'd like your association to be, feel free to come back to educate yourself, but don't forget about CAI-check if there are local chapters in your area and if it sponsors periodic seminars you can attend. Those are also great places to network with other HOA board members and related parties so you can learn from each other, get referenced for service providers, such as lawn care services, etc. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Mike,

Living in the DC area (so I know a little about MD issues), I disagree with Shelia as you likely are required to have an HOA by your own governing documents and, perhaps, zoning agreements.

However, the first thing that needs to be done is hire an attorney and track down the builder so the Association is properly transferred to the membership. Otherwise, whomever purchases the properties from the bankruptcy court will be the new declarant and control the Association. Additionally, the attorney can assist you in having the performance bond (if one still exists) go to the Association vs. lenders.

That said, your question was concerning HOAs in general.
I offer the following:

Info in General:

Read and understand your own governing documents

Maryland Condominium & Homeowner Association From Community Association Network (has links to applicable news articles, applicable laws, etc.)

Guide to Understanding Homeowner Associations For association boards, residents, and new home buyers by HOA-USA

HOA or Homeowner Association - What is an HOA? by neighborhood link

Best Practices Reports by the Foundation for Community Association Research

For info on Transition (transferring control to the membership):

Transition pdf document by the Foundation for Community Association Research

Developer/Homeowner Transition: A Guide To Success by neighborhood link

For info on Reserves:

Subject: Reserve Studies/Funds 101 Thread on this forum which has additional links (broken links may have been repaired later in the thread) about Reserves. Understanding Reserves is as important as understanding your governing documents.

If you decide to serve on your Board:

The Board Member Tool Kit A GUIDE FOR COMMUNITY ASSOCIATION VOLUNTEER LEADER from CAI

A GUIDE FOR HOMEOWNER ASSOCIATION BOARD MEMBERS by HOA-USA
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MikeM34 on 11/25/2016 1:51 PM

New 5 home HOA


In reality you are a x Lot HOA with 5 of those lots sold and built.

This will need to be kept in mind as the Association goes forward.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By TimB4 on 11/26/2016 9:24 AM
Mike,

Living in the DC area (so I know a little about MD issues), I disagree with Shelia as you likely are required to have an HOA by your own governing documents and, perhaps, zoning agreements.

However, the first thing that needs to be done is hire an attorney and track down the builder so the Association is properly transferred to the membership. Otherwise, whomever purchases the properties from the bankruptcy court will be the new declarant and control the Association. Additionally, the attorney can assist you in having the performance bond (if one still exists) go to the Association vs. lenders.

That said, your question was concerning HOAs in general.
I offer the following:

Info in General:

Read and understand your own governing documents

Maryland Condominium & Homeowner Association From Community Association Network (has links to applicable news articles, applicable laws, etc.)

Guide to Understanding Homeowner Associations For association boards, residents, and new home buyers by HOA-USA

HOA or Homeowner Association - What is an HOA? by neighborhood link

Best Practices Reports by the Foundation for Community Association Research

For info on Transition (transferring control to the membership):

Transition pdf document by the Foundation for Community Association Research

Developer/Homeowner Transition: A Guide To Success by neighborhood link

For info on Reserves:

Subject: Reserve Studies/Funds 101 Thread on this forum which has additional links (broken links may have been repaired later in the thread) about Reserves. Understanding Reserves is as important as understanding your governing documents.

If you decide to serve on your Board:

The Board Member Tool Kit A GUIDE FOR COMMUNITY ASSOCIATION VOLUNTEER LEADER from CAI

A GUIDE FOR HOMEOWNER ASSOCIATION BOARD MEMBERS by HOA-USA

Tim, what exactly has to happen for the developer to officially turn it over to the members? Is it paperwork or something more? Thanks in advance!
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Mike,

I'd inquire about hiring a property manager. They can handle your money and handle the calls. Their services aren't required to be comprehensive, just enough (for a price) so that a third-party can administer neighborhood business, enforce your rules and allow you to enjoy living in the neighborhood.

Self-management is a job unless your HOA will only basically mow the entrance to the neighborhood or some other simple and direct duty.

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