Subsuming Additional Lots Into HOA

Started by TonyM6 • 3 replies • 988 views

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TonyM6 (Florida)
Posts: 12

Posted:

The Articles of Incorporation for our Florida HOA specifically list about 60% of the lots in our subdivision and do not list the other 40%. I assume this means that the 40% not listed would be (if so desired) voluntary members of the HOA and not have any restrictions associated with their deeds.

Our HOA passed a resolution to include all the lots in the subdivision in the HOA. However, nothing was done legally in terms of proper notice, vote, updating the Articles of Incorporation or filing anything with the state. I assume this is then a meaningless resolution. Am I correct and what would be the proper steps to do this legally?

Thank, Tony

DouglasK1 (Florida)
Posts: 2,046

Posted:

I think the bigger issue than the Articles is what lots have the CCRs attached to the deed. If the CCRs are attached to the deeds, then they are part of the HOA, otherwise they aren't and a board resolution isn't going to help.

This of course is a non-legal wild guess, getting a legal opinion would be at the top of my priority list. In any case, this doesn't seem to me to be a DIY project.

Escaped former treasurer and director of a self managed association.

GenoS (Florida)
Posts: 4,276

Posted:

What, if anything, does the Declaration/CCRs say about the lots? Are you in a platted subdivision? What does the plat say? What does your deed say? Remember that all matters shown on a plat are deemed to have been incorporated into every deed that refers to the plat. If your lot does not reference a plat then oerhaps it mentions other covenants or deed restrictions that run with the land. It should be fairly easy to figure out once you've got all the documents squared away.

LarryB13 (Arizona)
Posts: 4,099

Posted:

I am confused by this.

In my state if I wanted to know if a particular parcel was subject to CC&R's, I would research the chain of titles back to the first one and see if any previous owners had purchased the property subject to a declaration recorded on page 1234 of book 5678 in the records of XYZ County.

I cannot imagine a circumstance under which anyone would search the Articles of Incorporation and. if they did find the parcel mentioned there, what would persuade a reasonable person to believe that this alone obligates the parcel owner to anything. Having incorporated several corporations in the past I cannot even conceive of including parcel numbers in the Articles of Incorporation.

As to the question about that resolution: No one has the authority to compel property owners to join an HOA. Joining an HOA is normally a condition of the first sale of a parcel; if the sale does not require membership no one can force the buyer to join after-the-fact.

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