Starting A Homeowners Association

Started by CassandraJ • 8 replies • 4304 views

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CassandraJ (Maryland)
Posts: 3

Posted:

I am starting a homeowner's association in Maryland and need some guidance where to begin. Does it have to be a Corp w/bylaws, etc.? What forms/documents do I need?

We didn't receive any CCRs, so I can't start there.

Help!!!!

RogerB (Colorado)
Posts: 5,067

Posted:

Cassandra, start by checking with the developer or County Clerk to see if a Declaration of CC&Rs was filed. If available, you are already an HOA and can get copies of the CC&Rs. If not, you may only be able to form a "social club" unless EVERYONE(100%)of the homeowners agrees in writting with a Declaration which will have to be filed with the signatures with your County Clerk. Then you will need to approve bylaws; and to incorporate you will need Articles of Incorporation filed with your Secretary of State. This can incur lots of work and considerable expenses.

Roger

RogerB (Colorado)
Posts: 5,067

Posted:

I forgot to list the survey plat which is also needed.

CassandraJ (Maryland)
Posts: 3

Posted:

So, if there are no CCRs, and we can not get 100% participation, we can only be a "social club"? And, bylaws, etc. are not needed?

What can we do as a "social club" to enforce certain rules w/respect to the upkeep, etc. of our property?

LuciusD
Posts: 139

Posted:

My suggestion is to first spend some time learning what a Community Association or Common Interest Community is.

A good place to start is at the Community Associations Intitute website http://www.caionline.org/

Also your public library probably has several books on the subject.

After that, you really do need to talk to an attorney. A "real" homeowners association is serious legal business. Statutes vary from state to state.

LuciusD
Posts: 139

Posted:

Cassandra, I'm interested to learn why, in a neighborhood without an HOA, you would want to "stsrt one"

HaroldS (Arizona)
Posts: 906

Posted:

Yes, me too. I cannot fathom 100% of a group of homeowners voluntarily signing away their civil and property rights to form an HOA where none exists now. Does anyone know if this has ever happened anywhere?
I've said it before: If you want to live in an HOA there are plenty of them around and always someone eager to sell to you so they can get out. Harold

CassandraJ (Maryland)
Posts: 3

Posted:

My neighborhood is an older neighborhood w/a lot of the original owners still living there. It's becoming a little more diverse (age, religion and race) and some of the neighbors would like a format in place for monitoring the neighborhood changes that are starting to occur.

HaroldS (Arizona)
Posts: 906

Posted:

OH MY! Do keep us informed of your new Federal home when you begin "monitoring the neighborhood changes" with your new HOA. Harold

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