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CarlG1 (Massachusetts)
Posts: 5
Posted:
We are not yet established but need to quickly set up a homeowners association for about 30 propeties. Want simple & basic bylaws. Not sure where to start (??) Contact an attorney first to set up? obtain nonprofit corp filing? Any sources or guidelines available online?? So many questions. Thanks.
GeraldT4
Posts: 1,022
Posted:
CarlG1 - Why do you need to set up the HOA?
CarlG1 (Massachusetts)
Posts: 5
Posted:
Gerald: We have a common private road that we need to maintain. In addition we are fighting the local utility to get them to accept that the underground electrical system is theirs and not ours. Looking to fight this by hiring an attorney and need to collect fees from everyone. Just a loose group of neighbors at this point which isnt working.
GeraldT4
Posts: 1,022
Posted:
CarlG1 - The loose group of neighbors will make up the HOA so if that's an indication of what's to come....uh oh!!! : )

I need to press here a bit, who says the 30 owners need to maintain the road?

PaulM (Pennsylvania)
Posts: 1,347
Posted:
CarlG1: You don't want to jump the gun here Carl. Who has informed you that you must establish an HOA for the 30 properties? Under normal circumstances, the builder or developer of the community property files the community as an association. Then, presents declaration and bylaws (which he has initiated) to prospective buyers to ensure they understand what they are 'buying into'.

How are your properties set up now? and why are you being pressed to create an assn.?

CarlG1 (Massachusetts)
Posts: 5
Posted:
GERALDT & PAULM; ITS COMPLICATED AND I MAY BE ATTEMPTING THE IMPOSSIBLE. THE DEVELOPER IN OUR CASE HAS DONE NOTHING. THEY WERE OUT OF THE PICTURE IN THE 1980'S! I BUILT MY HOME IN 1999 SO I AM THE NEW KID ON THE BLOCK. NO ASSOC OR BYLAWS WERE EVER SET UP AND NO ONE IS REQUIRING THIS AT THIS TIME. WE DO HAVE A COVENANTR BUT NO ONE TO ENFORCE IT. THE TASK BEFORE SOME OF US IS TO TRY AND FORM AN ASSOC AFTER THE FACT WITH EXISTNG HOMEOWNERS THAT FOR THE MOST PART DON'T WANT ANYTHING TO DO WITH IT. STATUS QUO. I MAY BE WASTING MY TIME EVEN LOOKING INTO IT AS WE WOULD NEED 100% PARTICIPATION. ONE HOMEOWNER THINKS WE SHOULD SET ASSOC & BYLAWS UP JUST TO HANDLE THIS ONE ISSUE ONLY INVOLVING THE ELECTRIC UTILITY COMPANY AND NOTHING ELSE. HAVE YOU EVER HEARD OF THIS? JUST NEED SOME GUIDANCE AS TO HOW TO FORM AN ASSOC AS DONT KNOW WHERE TO START (WITH AN ATTORNEY?? CPA??).
CarlG1 (Massachusetts)
Posts: 5
Posted:
GERALDT - SEE 2/4/08 RESPONSE.
JosephW (Michigan)
Posts: 882
Posted:
There may be multiple ways to handle your situation, of which one may be creating the HOA to go with the Covenant(s). Your first instinct is probably still the best one. A good attorney will sort through the maze and give you and the other owners the best options.

Joe

Joseph West
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CarlG1 (Massachusetts)
Posts: 5
Posted:
Joe: Thank you. It gives me a place to start.
JoeK1 (Michigan)
Posts: 37
Posted:
Creating the governing documents for you new association is only the first step and the tip of the iceberg. Once your new Board of Directors is elected, it is now their job to apply/enforce the conditions,rules & regulations that have been specified. This is when the new volunteer BoD members get their first dose of reality. When viewed in the governing documents, everything appears to be quite organized and it is just a matter of implementing what has already been established. However, when they start to examine what exactly they should do first, it becomes woefully deficient. They quickly realize that there is no management system in place, the key business processes have not been defined, there is not a clear vision of the steps that should be taken, and more importantly, the sequence in which they should be taken.

The president of the newly formed BoD, is expected to lead them along this journey. If s/he has had experience in setting up new organizations, this may not be that difficult of a task. However, for most who have not, this can present a daunting challenge.

Currently, there is a wealth of information that can be found in the marketplace on virtually every aspect of managing a condo association including; rules and regulations, meetings, voting and elections, committees, the role of volunteer leaders, budgets, insurance, amending and enforcing documents, etc. But, there are few that give practical advice and a β€œroadmap” for all the things that a new condo president must do during the initial start up period.

At www.*********.com under the Contents section, you will find a time-based list of all the things that you should consider doing during your first year of operation. There is a lot more to creating a successful condo/homeowners Association than drawing up the governing documents.

Good Luck
JoeK
GeraldT4
Posts: 1,022
Posted:
JoeK1- You should copy and past the table of contents from your website and make it available for all to see. It's very comprehensive and impressive. While most of us on HOATalk are part of associations that are established, nonetheless it gives an excellent perspective on the responsibilities for the President or chair of an Association Board to guide the Board and Association during establishment and afterwards.

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