MikeR19 (Kentucky)
Posts: 9
Posts: 9
Posted:
Hey all,
New to the site, new to HOA's. I deal with property rights in my profession a lot though, so I'm somewhat knowledgeable.
I was the first to break ground in my neighborhood, consisting of 55 lots. I was told by the builder that an HOA would be set up. Fast forward a year later. The neighborhood is now at about 50% occupancy, with the remaining houses close to being finished. Come to find out from calling the developer himself that an HOA is NOT set up to be established. However, he did say that he would gladly have his attorney set one up if that's what the occupants wished. We have a Facebook group page set up, and it seems like most of the people in it are in favor of an HOA (at least 1 person has voiced her opinion that she does NOT want one because she "doesn't want people telling her what she can and cannot do with her own house"). We have a Declaration of Restrictive Covenants, so I don't know if she realizes that those are the governing rules that dictates what she can and cannot do.
Here are my questions and concerns:
1. IF we get an HOA established, does it have to be a VOLUNTARY HOA, seeing as how there are already occupants and there was no prior HOA in effect?
2. I assume the answer to #1 is yes, is has to be voluntary. So, with that being said, how does a voluntary HOA go about enforcing any violation of the Restrictive Covenants? (e.g. Someone erects a shed that is not of the same material as the house, as the RC's say it must be).
3. We don't have an common areas and the streetlight utility bill will be covered by the County. What would our dues go towards exactly? Incidental expenses to sign/drainage repair??? Should we even have dues?
4. We do have a large drainage basin, but that lies across a few lots. The owners of those lots are responsible for mowing the basin, correct?
5. Should we wait until every house is complete, every house is occupied, or not wait at all to have the HOA set up by the developer? My concern here is that the developer may choose to relinquish his police powers at any time (per the RC's) if he so chooses. If he doesn't relinquish, he has those powers for 5 years from the plat recording date (May 2016).
My main concern for all of this is that, without an HOA, it would be up to an individual property owner to challenge any RC violations. And really, who is going to step up and be "THAT guy?" I feel that, with an HOA established, be it mandatory or voluntary, there would at least be a group of people to collectively object a violation, and thus, a greater chance of it being resolved. I know that, with a voluntary HOA, there's not much power to enforcing this, but it's a least something. If we could get it to become mandatory, that would be great, but I know that would most likely mean 100% of the occupants would have to agree, which I don't see happening.
New to the site, new to HOA's. I deal with property rights in my profession a lot though, so I'm somewhat knowledgeable.
I was the first to break ground in my neighborhood, consisting of 55 lots. I was told by the builder that an HOA would be set up. Fast forward a year later. The neighborhood is now at about 50% occupancy, with the remaining houses close to being finished. Come to find out from calling the developer himself that an HOA is NOT set up to be established. However, he did say that he would gladly have his attorney set one up if that's what the occupants wished. We have a Facebook group page set up, and it seems like most of the people in it are in favor of an HOA (at least 1 person has voiced her opinion that she does NOT want one because she "doesn't want people telling her what she can and cannot do with her own house"). We have a Declaration of Restrictive Covenants, so I don't know if she realizes that those are the governing rules that dictates what she can and cannot do.
Here are my questions and concerns:
1. IF we get an HOA established, does it have to be a VOLUNTARY HOA, seeing as how there are already occupants and there was no prior HOA in effect?
2. I assume the answer to #1 is yes, is has to be voluntary. So, with that being said, how does a voluntary HOA go about enforcing any violation of the Restrictive Covenants? (e.g. Someone erects a shed that is not of the same material as the house, as the RC's say it must be).
3. We don't have an common areas and the streetlight utility bill will be covered by the County. What would our dues go towards exactly? Incidental expenses to sign/drainage repair??? Should we even have dues?
4. We do have a large drainage basin, but that lies across a few lots. The owners of those lots are responsible for mowing the basin, correct?
5. Should we wait until every house is complete, every house is occupied, or not wait at all to have the HOA set up by the developer? My concern here is that the developer may choose to relinquish his police powers at any time (per the RC's) if he so chooses. If he doesn't relinquish, he has those powers for 5 years from the plat recording date (May 2016).
My main concern for all of this is that, without an HOA, it would be up to an individual property owner to challenge any RC violations. And really, who is going to step up and be "THAT guy?" I feel that, with an HOA established, be it mandatory or voluntary, there would at least be a group of people to collectively object a violation, and thus, a greater chance of it being resolved. I know that, with a voluntary HOA, there's not much power to enforcing this, but it's a least something. If we could get it to become mandatory, that would be great, but I know that would most likely mean 100% of the occupants would have to agree, which I don't see happening.