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DynoT (Florida)
Posts: 6
Posted:
Our HOA doesn't have any amenities. 300 house community in FL. A lot of neighbors have been wanting us to build a building, a small community center of some sort on some HOA property we have. Something we can host meetings, game nights, community events. Doesn't have to be large, maybe 250 capacity or 2,000 - 4000 square feet max. Open floor plan, nothing flashy, just an accommodation. What's the most cost effective way to do this? We don't have a whole lot of extra funds to work with.

Wondering if anyone has experience doing this, and if there is any guidance to provide.
JoeN6 (Virginia)
Posts: 94
Posted:
Find a member inside of your 300 home HOA who is a general contractor that builds commercial structures who will volunteer project management , also find an architect RDP lisenced in your state in your HOA who will conceptualize the project . This way you might avoid design fees for a project that might not come to fruition .
SheliaH (Indiana)
Posts: 6,964
Posted:
If you don't have a lot of extra money now, the only way this'll work is if you get a loan or homeowners agree to pay a special assessment. Neither option is cheap, so start with done research. You may have to see an architect about designing a building unless there are designs you can buy online.

You may need to have a general contractor look at the area to see what will be required and how much time you'll need. The building will need electricity, heating and plumbing, so you may need to put in utility lines. Then it'll need furniture, flooring, curtains or blinds for the windows. And fixtures for the toilets. Don't forget to make your restrooms handicapped accessible and a ramp for the doors.

Then after all that and building the thing, it'll have to be included as a reserve item and you'll have to save for future major replacements and repairs. Insurance will also be required.

This will be a big project if the homeowners agree to this, so get the numbers and have some special homeowners meetings to discuss it all. They may decide its easier to rent a place.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posted:
If you're adding a capital asset that must be maintained (ie. a reserve item) and your CC&Rs do not mention such a thing, then you probably have to amend your CC&Rs to include this. Amendments to CC&Rs typically require approval from a super-majority of owners (67% or 75%). Read your CC&Rs to see what they say about amendments. This isn't something that the board can decide to do without legal jumping through hoops.

Also check the insurance implications ($$$) of maintaining such a facility.
LoriM15 (Florida)
Posts: 1,009
Posted:
In Florida, most governing documents require a vote of the membership to add an amenity, even if it's on property that you already own. A community center is a great idea and will probably add value to the community, but as others have pointed out, it's not just the cost to build, but you must add maintenance to your budget and reserve money for long-term repairs/replacement.

Also, don't forget the cost of insurance. Insuring the building is going to be a significant cost.
KerryL1 (California)
Posts: 14,550
Posted:
Helpful-looking comments for you, Dyno. Lori's is really good because she is a bard member in a complicated FL HOA. She does not state that the CC&Rs would have to be amended, and I don't think so either.

But, you'd need a vote of the members to spend so much. Would it be required or would your HOA need a parking lot of some kind?
CathyA3 (Ohio)
Posts: 6,299
Posted:
Why would the CC&Rs *not* need to be amended if they did not mention amenities? Granted I'm in a different state, but all of the CC&Rs I've read have described the jointly owned property in detail. And developers disclose planned amenities, even if these things won't be built for some time.

Even if a state's HOA/COA laws are silent, I would think that real estate disclosure laws would require telling people exactly what they're buying and the condition it's in. it would be essential for condos because buyers own a fractional share of all of the common elements. There are also buyers who avoid communities with amenities because they don't want the expense or aggravation.

Lori did mention the need for an ownership vote. At the very least I'd expect the CC&Rs to address what happens if a community association adds or removes capital assets from the property.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By CathyA3 on 01/07/2024 11:48 AM
Why would the CC&Rs *not* need to be amended if they did not mention amenities? Granted I'm in a different state, but all of the CC&Rs I've read have described the jointly owned property in detail. And developers disclose planned amenities, even if these things won't be built for some time.

Even if a state's HOA/COA laws are silent, I would think that real estate disclosure laws would require telling people exactly what they're buying and the condition it's in. it would be essential for condos because buyers own a fractional share of all of the common elements. There are also buyers who avoid communities with amenities because they don't want the expense or aggravation.

Lori did mention the need for an ownership vote. At the very least I'd expect the CC&Rs to address what happens if a community association adds or removes capital assets from the property.

Cathy, I live in Ohio and our declaration only addresses common areas and no amenities. Any capital improvement >$5000 requires 60% approval. That would include simple items like additional irrigation and lighting all the way to pools and buildings.
LetA (Nevada)
Posts: 2,679
Posted:
Quite honestly, you are looking to add half or perhaps double your current HOA assessments you have now.
Adding an outbuilding right now at the low end is about $500,000.00. Do you have any parkland in your community with a playset?
Perhaps building a covered shelter for about 30-50 people with picnic tables
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have some members who want to do that now. Bad mistake. Having had a pool/clubhouse at my old HOA, it isn't worth it. It will do nothing but increase your dues for what will be little to no use of the facility. People will get upset of who is using it etc... as well. It's best to just meet at a small venue and rent it out. Hotels do that all the time. We even have businesses in our town that is all they do is rent out office space. Find that kind of option.

It's not a bad idea to maybe put picnic tables like it was suggested but a permanent structure no way. Plus you have to consider bathrooms. Handicap accessiblity. Writing into your rules that the HOA owns and maintains it. Plus the building today would easily cost 300K or more. That is like 3K out of everyone's pocket.

Former HOA President
WendyM5 (North Carolina)
Posts: 1,522
Posted:
a lot of neighbors? ???? is exactly how many? I'm guessing 10 people, cause that's what woudl be considered a lot where I live, which is obviously not a lot.

Put it up to a memership vote. I'm guessing at least $2000x 300 homes = $600,000 would be needed.
I'm also guessing most people will not way to pay $2000 on some building they will mostlikely use 2 or less times a year.

vis ta vie
WendyM5 (North Carolina)
Posts: 1,522
Posted:
a lot of neighbors? ???? is exactly how many? I'm guessing 10 people, cause that's what woudl be considered a lot where I live, which is obviously not a lot.

Put it up to a memership vote. I'm guessing at least $2000x 300 homes = $600,000 would be needed.
I'm also guessing most people will not way to pay $2000 on some building they will mostlikely use 2 or less times a year.

vis ta vie
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You have to factor in the number of people whom will refuse to pay the special assessment. They are subject to being lien for not paying. Which means an additional $500 to file a lien in some states. So the paying members will have to cover the number whom don't pay till that amount is collected. It would not be unusual then for the special assessment for a facility to be a few thousand dollars from every household. Plus that isn't the end of the expenses. That is just BUILDING. There are going to taxes for the structure, insurance, maintenance, utilities, water, and possible damages. Rent amount for the clubhouse would have to cover the amount it costs for it's use during that time. We charged $50 and a $100 damage deposit. If no damages, then damage deposit returned. Plus you had to be in good standing to rent. Let's also say that $100 is most likely NOT enough to cover damages if they were to be incurred.

Let's be honest, how many people even attend the meetings? Plus there are Zoom options etc... All the years I did meetings or attended, the most we ever got was maybe 30 people. That was during elections or with stakes/axes. It's honestly not going to be worth it. I wish my neighbors would understand that too. Otherwise my house will be for sale without looking back.

Former HOA President
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By CathyA3 on 01/07/2024 11:48 AM
Why would the CC&Rs *not* need to be amended if they did not mention amenities? Granted I'm in a different state, but all of the CC&Rs I've read have described the jointly owned property in detail. And developers disclose planned amenities, even if these things won't be built for some time.

Even if a state's HOA/COA laws are silent, I would think that real estate disclosure laws would require telling people exactly what they're buying and the condition it's in. it would be essential for condos because buyers own a fractional share of all of the common elements. There are also buyers who avoid communities with amenities because they don't want the expense or aggravation.
This is one of the big picture reasons why, when a big enough change to the amenities is under consideration, I agree either an amendment or an owners' vote is essential for the board's and HOA's protection. Even an owner's vote, where a super-majority votes for xyz, may not pass legal muster. Tyranny of the majority (legal) issues can arise.

https://www.clemonslaw.com/hoa-condominium-law/removal-of-a-community-amenity/
(paraphrase: Changes likely to influence purchasing decisions demand careful consideration et cetera)

https://static1.squarespace.com/static/5f720599adde0126a08cb6ec/t/5f73825eefff8360b75a1860/1601405562463/Adding+Amenities.pdf

It's a myth that boards can do whatever they want.
DeanJ
Posts: 1,786
Posted:
$180,000 building / 300 homes isn’t a lot of money, but I think $600 + $20 additional fees for maintenance, reserve, insurance, taxes and utilites will peal off a lot of the support.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our insurance was $2000 a month for our clubhouse, pool, and liability. I am sure that is much more now a day. Just to give an idea of how much insurance may cost on a building. That 2 - 3 K will be a monthly addition for all owners. Will need to save up for Yearly taxes. Never know when the system will go out. It may be required to have bathrooms for both sexes.

Our Clubhouse was only worth 180K. I would say $20 out of the $50 in dues we paid went to just those expenses. Now a days, a building would cost almost as much as a single basic home in your neighborhood. Which I would say atleast $300K at minimum for building.

Former HOA President
DouglasK1 (Florida)
Posts: 2,046
Posted:
There are varied opinions here about whether a CCR amendment would be needed. I have no idea but would encourage you to run this past your association attorney for an opinion. While there may be a "lot" of owners looking for this, there are probably also a "lot" that would not want to pay for amenities that were not there in the first place and that they may feel are not needed. Proceeding could cause a messy rift in the membership, and potentially lead to a legal battle. At the very least make sure to get legal advice before proceeding on anything.

Escaped former treasurer and director of a self managed association.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Tapping talent within the HOA is great advice....

As for paying the bill, you'll need to structurally adjust your dues rate (upward) permanently to account for a rather large expense to both your monthly operations budget as well as your reserve fund. The proposal isn't viable without the financial/budget adjustments for loan repayment, monthly utilities and long-term reserves to replace building equipment.

It sounds like a reasonable request since you have 300 homes but everyone will pay in.

KerryL1 (California)
Posts: 14,550
Posted:
Depending on the cost, the Association may be required to have an election to add such a component since it's so expensive. And I agree with those who say to get the HOA attorney's advice.

But, again I see no reason for going to the time and expense and election to amend the CC&Rs. I checked both articles that Elle cites and see no such requirement.* Perhaps Cathy's CC&Rs and those of the developer for whom she did/does work lists every component that was there was the project was built, but I've never heard of such CC&Rs on this forum.

*One of Elle's citation is about removing (NOT adding) common areas components, and provides some statements in CC&Rs that might require an amendment, e.g., Board can't add anything that exceeds $xxxx in costs as in Dean's CC&Rs w/o own votes. And for my ca. 2000 high rise HOA, such numbers would be horribly out of date.

The only "list" of common area components is in our as in other HOAs' reserve studies.

What would the wording look like as a prospective CC&R amendment to add a clubhouse?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 01/08/2024 6:47 PM
Depending on the cost, the Association may be required to have an election to add such a component since it's so expensive. And I agree with those who say to get the HOA attorney's advice.

But, again I see no reason for going to the time and expense and election to amend the CC&Rs. I checked both articles that Elle cites and see no such requirement.*
You did not read carefully. Whether there is a requirement or not depends.
Quote:
Posted By KerryL1 on 01/08/2024 6:47 PM
*One of Elle's citation is about removing (NOT adding) common areas components,
They both speak of adding. One speaks somewhat more about removing.
KerryL1 (California)
Posts: 14,550
Posted:
From one article, I only see, "Thus, if your CC&Rs prohibit dogs off leash in the common areas, the CC&Rs would need to be amended in order to permit a dog park..." But, of course, if the CC&Rs bans ANYthing, to add that thing to the HOA, the CC&Rs, re that topic, would have to be amended.

The other article is about removing common area items and doesn't assert that adding things to the common area requires a CC&R amendment.

Please help me out with anything I missed. Otherwise, I don't see how either supports your belief that the covenants would have to be amended... that a vote of the owners may not "pass legal muster." You do, Elle, toss around the phrase "tyranny of the majority" fairly often, but various HOA documents DO specify what "the majority" must be to amend them.

MarkM19 (Texas)
Posts: 1,459
Posted:
Everybody wants everything till they no some of the details. As other have stated getting a Super Majority is very hard and some might say nearly impossible.

If I were on your board, I would put together a S Monkey survey. I would state the worst case costs of this project. I would add as others have mentioned the ongoing mtce and reserves needed to care for this building for the years to come. This option will be DOA very quickly.

My questions would be if this was a built by a developer why was this not part of the original design?
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 01/09/2024 9:23 AM
From one article, I only see, "Thus, if your CC&Rs prohibit dogs off leash in the common areas, the CC&Rs would need to be amended in order to permit a dog park..."
KerryL1, this is from the article titled "Adding Amenities" (emphasis added by me). It speaks to much more than adding dog parks. Plus you did not have the courtesy to state which article said what you quoted above.

I am afraid I find your latest post convoluted and weird (and this is so at least half the time with your posts). If someone else does not understand my position on this, I will try to respond. But given your glaring mistake right off the bat in your latest post, it's not worth my time to try to explain my position on this to you.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 01/09/2024 9:23 AM
I don't see how either [article] supports your belief that the covenants would have to be amended...
[shaking head] Not what I said.

Quote:
Posted By KerryL1 on 01/09/2024 9:23 AM
that a vote of the owners may not "pass legal muster." You do, Elle, toss around the phrase "tyranny of the majority" fairly often, but various HOA documents DO specify what "the majority" must be to amend them.
You need to google on what "tyranny of the majority" means. Then read some of the case law that speaks to this. As an introduction:

Consider a hypothetical HOA with 100 owners. Amendment of the declaration requires the affirmative vote of 75% of owners. Ninety-three owners vote to amend the declaration in several places, with the bottom line that all the changes will end up requiring that seven owners pay all the HOA's expenses, effective at the start of the next fiscal year.

All i's are dotted and all t's are crossed. The amendment is duly recorded.

Is the amendment lawful? If not, why not?
KerryL1 (California)
Posts: 14,550
Posted:
I think I see my mistake. I thought you, Elle, were citing these article to show the CC&Rs must be amended when HOAs add amenities (or services, I assume?) that are not somehow mentioned in the CC&Rs. But, instead, I guess the articles are to show reasons to add or remove amenities. The latter isn't part of this thread, and the former already was mentioned by several posters.

ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KerryL1 on 01/09/2024 7:40 PM
I think I see my mistake. I thought you, Elle, were citing these article to show the CC&Rs must be amended when HOAs add amenities (or services, I assume?) that are not somehow mentioned in the CC&Rs.
Nope. In the post where I cited the articles, I gave the reason for my citations. This reason is not what you say above.
Quote:
Posted By KerryL1 on 01/09/2024 7:40 PM
But, instead, I guess the articles are to show reasons to add or remove amenities.
Nope, wrong again.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dyno

It is quite common that owners would have to vote on a capital improvement. Check your docs.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Dyno

It is quite common that owners would have to vote on a capital improvement. Check your docs.
KerryL1 (California)
Posts: 14,550
Posted:
Here's a sample of JohnC's note:

CC&R, Sect. "4.5.1 Limit on Capital Improvements. The Board shall not, without obtaining the consent of the Members as set forth above, incur aggregate expenditures for capital improvements to the Common Area or the Association Property in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year."

And:

CC&R, Sect."4.3.7 Capital Improvements. Subject to the terms of this Declaration, the Board may, on its own motion or acting on a petition signed by two-thirds (2/3) of the Owners, approve the construction, installation or acquisition of a particular capital improvement to the Common Area and/or the Association Property...Capital Improvement may come from existing Association funds or via a Capital Improvement Assessment in accordance with Section 6.6 herein.

TimB4 (Tennessee)
Posts: 21,062
Posted:
I do know that many Counties/Communities require x amount of green space when approving developments.

You may want to start with the planning/zoning offices to find out if this is even possible.

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