MarkW (Nevada)
Posts: 7
Posts: 7
Posted:
What is a Subdivision park association and what rules /bylaws govern it.
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Sub Division Park assotiation
Started by MarkW • 15 replies • 1151 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Good question.
Have you asked the Association or your Realtor?
Have you asked the Association or your Realtor?
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Is it potentially just the name of the subdivision vs type of subdivision? I have not heard of any "park" type association myself so I would think is just part of the actual association name.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Mark ... are you single family, townhomes, condo, trailers, etc? If you are trailers then maybe it is referencing the overall association as a park.
MarkW (Nevada)
Posts: 7
Posts: 7
Posted:
This is a subdivision of homes. We did not have to join any type of HOA to move in. But the association owns a piece of property on the lake and it is called Silvercrest Park Association.
We had to join this to access the property and use it. We have by laws and no CCRs . Looking to see if this falls under the same guidelines as a HOA. To make a long story short we have a person who makes the rules and has a dictator type personality . There are no rules in the by laws this person just says its in old minutes and that's the way it is. Want to try and make this fair for everyone not just him .Rules we can all see are needed.
We had to join this to access the property and use it. We have by laws and no CCRs . Looking to see if this falls under the same guidelines as a HOA. To make a long story short we have a person who makes the rules and has a dictator type personality . There are no rules in the by laws this person just says its in old minutes and that's the way it is. Want to try and make this fair for everyone not just him .Rules we can all see are needed.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By MarkW on 06/14/2017 7:45 AM
This is a subdivision of homes. We did not have to join any type of HOA to move in. But the association owns a piece of property on the lake and it is called Silvercrest Park Association.
We had to join this to access the property and use it. We have by laws and no CCRs . Looking to see if this falls under the same guidelines as a HOA. To make a long story short we have a person who makes the rules and has a dictator type personality . There are no rules in the by laws this person just says its in old minutes and that's the way it is. Want to try and make this fair for everyone not just him .Rules we can all see are needed.
This is a subdivision of homes. We did not have to join any type of HOA to move in. But the association owns a piece of property on the lake and it is called Silvercrest Park Association.
We had to join this to access the property and use it. We have by laws and no CCRs . Looking to see if this falls under the same guidelines as a HOA. To make a long story short we have a person who makes the rules and has a dictator type personality . There are no rules in the by laws this person just says its in old minutes and that's the way it is. Want to try and make this fair for everyone not just him .Rules we can all see are needed.
Hmmm ... So did you fill out some kind of paperwork AFTER you purchased to join the Park Association? Is the Park Association incorporated? Is the Association attached to your property title (look at your Title Insurance documents or call your Title Insurance company to ask)? Items which encumber your title are supposed to be listed in these documents.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
It is starting to sound like the Park Association is simply a separate Non-Profit Corporation with volunteer members. However, you are the only one who can check the documents and make sure. In which case you would follow your Bylaws and State Non-Profit Corporation Laws or regular corporate laws if not a non-profit.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Janet might be onto something. Mark, you have to find out if the park property is part of the homeowners association's "common property" or if it is a separate entity with separate "memberships". Your county will have some record of who owns the land. It might be subject to deed restrictions that are different from those in your HOA. I'd also suggest trying to find your CCRs. If they really don't exist then perhaps you're not in a "real" HOA at all. Look at your deed and see if it mentions any deed restrictions.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
You might also check with your local government Planning Department. They also might be able to help you answering questions regarding the Association Park.
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
Quote:
Posted By MarkW on 06/14/2017 7:45 AM
This is a subdivision of homes. We did not have to join any type of HOA to move in. But the association owns a piece of property on the lake and it is called Silvercrest Park Association.
We had to join this to access the property and use it. We have by laws and no CCRs . Looking to see if this falls under the same guidelines as a HOA. To make a long story short we have a person who makes the rules and has a dictator type personality . There are no rules in the by laws this person just says its in old minutes and that's the way it is. Want to try and make this fair for everyone not just him .Rules we can all see are needed.
This is a subdivision of homes. We did not have to join any type of HOA to move in. But the association owns a piece of property on the lake and it is called Silvercrest Park Association.
We had to join this to access the property and use it. We have by laws and no CCRs . Looking to see if this falls under the same guidelines as a HOA. To make a long story short we have a person who makes the rules and has a dictator type personality . There are no rules in the by laws this person just says its in old minutes and that's the way it is. Want to try and make this fair for everyone not just him .Rules we can all see are needed.
Here is the corporate information: https://www.bizapedia.com/mi/silvercrest-park-association.html
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
It's an active domestic non-profit corporation in Michigan. The Articles of Incorporation date from 1958. It looks like there are 2 classes of membership, "Regular" and "Sustaining". A sustaining member must be an owner of property in the OP's subdivision and be elected into membership by 2/3 of the members. A regular member is the same with the added proviso that he/she must also be a SHAREHOLDER in the association (the park assoicaiton, not the subdivision). Members get to use the lake subject to rules & regulations promulgated by the Board. Sustaining members - those who are not shareholders - have no voting rights. Regular members may transfer their membership but sustaining members may not.
So it looks like some subset of homeowners in the subdivision owns the 150 shares of the park association and get to control who else may use the property. Does this Park association actually hold title to the land in question? The Articles of Incorporation give it the power to purchase, own and manage land for recreational purposes so my guess would be 'yes'. The corporation continues to file annual reports.
MarkW, here is where you can find information regarding the Articles of Association and the Annual Reports of the Park association.
It looks like the info you were given was accurate.
So it looks like some subset of homeowners in the subdivision owns the 150 shares of the park association and get to control who else may use the property. Does this Park association actually hold title to the land in question? The Articles of Incorporation give it the power to purchase, own and manage land for recreational purposes so my guess would be 'yes'. The corporation continues to file annual reports.
MarkW, here is where you can find information regarding the Articles of Association and the Annual Reports of the Park association.
It looks like the info you were given was accurate.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Correction, I meant "park", not "lake". I have no idea what kind of property it is.
RichardP13 (California)
Posts: 3,868
Posts: 3,868
Posted:
It is Silver Lake.
JeffT2 (Iowa)
Posts: 880
Posts: 880
Posted:
You can view your 1958 Articles of Incorporation and annual reports here:
http://www.dleg.state.mi.us/bcs_corp/sr_corp.asp
It shows the non-profit stock-share corporation to hold and manage land as a recreational park for the members. 150 shares of stock. (Where are the shares now?) There are provisions for new members and transfer of shares and membership. I wonder when the last time that was done. I don't see any mention of how to amend the Articles, and no mention of bylaws. There are words to indicate that the Articles are the whole deal. It says the use of the land is subject to rules and regulations of the board. It does not say how to elect a board, but that is probably in the non-profit laws.
http://www.dleg.state.mi.us/bcs_corp/sr_corp.asp
It shows the non-profit stock-share corporation to hold and manage land as a recreational park for the members. 150 shares of stock. (Where are the shares now?) There are provisions for new members and transfer of shares and membership. I wonder when the last time that was done. I don't see any mention of how to amend the Articles, and no mention of bylaws. There are words to indicate that the Articles are the whole deal. It says the use of the land is subject to rules and regulations of the board. It does not say how to elect a board, but that is probably in the non-profit laws.
MarkW (Nevada)
Posts: 7
Posts: 7
Posted:
Thank you for the info. I will do some more Homework. I will let you know if I need More Help.
Thanks Again !!!
Thanks Again !!!
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
It's definitely a property owners association, but it's not an association of homeowners. That regular members must be homeowners of a certain residential subdivision is incidental. I, too, think the state's non-profit statutes would control.
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