merging HOA's

Started by JimA19 • 4 replies • 306 views

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JimA19 (Georgia)
Posts: 54

Posted:

our older florida HOA's initiated revitalization processes. however, we cannot proceed as our HOAs are really 2 incorporated HOAs, that have acted as one for 25 years, including meetings, board election and approval of covenants.
if we initiate the merging process and create a new HOA from 2 older ones, and approve the existing covenants that were created illegally I am assuming we should not have to go through the revitalization process, since the HOA and the covenants are new.
Would I be correct...in your opinion.
Jim A

TimB4 (Tennessee)
Posts: 21,062

Posted:

That is a legal question that would require a legal answer.

That said, if you do not revitalize I would expect that only those who agree to it would be bound to the covenants.
Those who say no would not be bound and would not be part of the Association.

Trust me, there will be those that say no.

JimA19 (Georgia)
Posts: 54

Posted:

I realize that it is a legal question however, our lawyer ,I worry, gives answers that benefit him not us. I am simply looking for someone who has merged HOAs (florida) and can advise on the pitfalls.
thanks
jim

CathyA3 (Ohio)
Posts: 6,299

Posted:

Food for thought:

Questions about Florida community association law

Mergers Work for Corporations. What About Condos and HOAs?

Is it possible to consolidate or merge three small associations into one?

I suspect that, as with many things involving community associations, the success or failure of a merger will be highly dependent on the individual characteristics of the communities involved. In other words, it's risky to generalize based on other communities' experiences unless you know how your community differs from them and how you're similar. The solution to the lawyer issue may be consulting a different lawyer. One who's experienced in this area should be able to spell out - at least in general terms - what things increase the odds of success and what things are red flags.

JimA19 (Georgia)
Posts: 54

Posted:

got my answers, thanks folks

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