I need answers PLEASE!!

Started by WendyB1 • 4 replies • 1335 views

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WendyB1 (Georgia)
Posts: 1

Posted:

We have been living in a small Subdivision for 4 years now with no HOA in place. Our covenents show where the person starting the subdivision over 8 years ago planned to appoint and start an HOA, but never did. We moved in and their was no HOA in place. Now, all the sudden a neighbor has decided they wish to start HOA, and sent everyone in the sub. a letter stating only 50% of the subdivision has to show for it to be official.. Is that true? She's already discussing dues, adding lighting fixtures and the list goes on. I have been searching the internet trying to find some rules/regulations to this can anyone help. I live in Georgia.

RogerB (Colorado)
Posts: 5,067

Posted:

Wendy, I suggest you read your Covenants. You apparently have not been paying annual assessments if there is no HOA of which all homeowners are members. Forming a voluntary HOA can be done by those owners who wish to join and pay dues. Membership is totally voluntary.

I would ask the neighbor if a not-for-profit incorporated HOA already exists. If so, it can be found on your Secretary of State website if you know the name of the HOA. I think the statement about 50% the neighbor is inferring that without that much support it will not be worth the effort to form a voluntary HOA.

JamesC (Maryland)
Posts: 282

Posted:

Quote:

Posted By RogerB on 08/11/2007 10:36 AM
Wendy, I suggest you read your Covenants. You apparently have not been paying annual assessments if there is no HOA of which all homeowners are members. Forming a voluntary HOA can be done by those owners who wish to join and pay dues. Membership is totally voluntary.

I would ask the neighbor if a not-for-profit incorporated HOA already exists. If so, it can be found on your Secretary of State website if you know the name of the HOA. I think the statement about 50% the neighbor is inferring that without that much support it will not be worth the effort to form a voluntary HOA.

Roger:

Is it my understanding that once the HOA "is" created, that membership is longer longer voluntary, but becomes manadatory for all future homeowners.
Thanks:

Jim

JamesC (Maryland)
Posts: 282

Posted:

sorry: meant to say that once membership is NO longer voluntary, but becomes manadatory.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By JamesC on 08/11/2007 4:02 PM
sorry: meant to say that once membership is NO longer voluntary, but becomes manadatory.

You understanding is not correct. The Declaration determines whether or not manditory assessments against the property are required. If not, then the owners may voluntarily chose to form an HOA and those owners who wish to join pay personal dues. If manditory assessments are lievied against each unit than each unit is automatically a member of the association.

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