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KerryT (California)
Posts: 2
Posted:
We need help on obtaining info. on starting up a HOA in our newly developed sub-division. Is there a statute on when you can or cannot create one? We do have CC&R's that all new homeowners had to read, agree to and sign before purchasing new homes. Well as you probably guessed we have owners that seem to think the rules and regulations are everyone else besides them. (Only a few, I might add)
For the majority we all keep up the beautification, and have respect and common courtesy for others that have bought in our sub-division.

Here it comes, (but) there are a few that build without permits, build on the property lines (encroachment issues) and don't regard the set-backs as required by our local city ordinances. We also have water drainage issues, and RV vehicles not being parked on the owners lots out of public view, and getting the travel trailers moved from being left for extended periods of time on the streets, which all of these are clearly stated in the CC&R's.

The developers have been contacted many, many times via phone calls, leaving messages and letters sent to them with (yes, you guessed it) NO HELP!
They have washed there hands from any of this. So we need help for the ones that want to create a HOA and love our neighborhood and want our value and quality to stay intact or grow.

Please help.
KerryT
RogerB (Colorado)
Posts: 5,067
Posted:
Kerry, if you are not incorporated and do not yet have By-laws then the first step is to call an organizational meeting. Appoint a temporary chairperson and a committee to develop By-laws. For the next meeting the notice should include on the agenda approval of the By-laws and election of Board members. After completing that I recommend the HOA be incorporated. If the Declaration provides for manditory assessments establish a budget which includes the amount of assessment. Establish Rules on collection of assessments and delinquent accounts. Send these out to each unit with an assessment statement. The Board can appoint an Architectural Committee which can develop a form to use to approve all exterior modifications. The Board can also appoint a Covenant enforcement committee and should establish rules on enforcement of Covenants. This will get you started

Oh! I almost forgot. The Board members might want to consider taking courses to educate themselves on their duties and responsibilities.
KerryT (California)
Posts: 2
Posted:
Roger, Thanks for your input. Sorry, I haven't had a chance to get back into the HOA site, been traveling/working out of town.

Need more information re: getting this HOA started. Understood your comments, Thanks for your time. Is there a time frame in establishing a HOA in our 4 year old sub-division in Central CA? Is there some material that we can purchase that might answer some of our questions to get started? I have several owner's that keep asking, and several of us are getting diferent answers from different sources.

What can you recommend to get more answers, so we can get this started. And does 100% of the homeowners have to agree? Does not overwhelming majority rule or not.

Thanks again,
KerryT

RobertG (Arizona)
Posts: 505
Posted:
Can you list the reasons you want to start an HOA now?
RogerB (Colorado)
Posts: 5,067
Posted:
Kerry, does your 4 year old subdivision have a Declaration of CC&Rs? If so, I presume that you are not paying manditory assessments against your property. Otherwise you already would have an HOA. A voluntary HOA can be formed by those homeowners who voluntarily pay personal dues. It does not take 100% participation. You can create By-laws for the HOA which define the organizational stucture and how business is conducted.

To amend the CC&Rs to create manditory assessments would require written approval of 100% of the owners.

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