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JonathanS1 (Massachusetts)
Posts: 3
Posted:
Executive Summary:
-- Any compelling reason to set up an HOA as anything other than a not-for-profit corporation?

Details:
-- state = MA
-- developer filed CCR w/ registry of deeds in Feb 2005
-- subdivision has 6 houses + 1 unsold lot
-- finally met & elected officers for HOA in July 2007
-- some homeowners were opposed to officially creating the HOA (even though the CCR were filed, and the subdivision's detention basin and cul-de-sac center call for common maintenance that would be realistically infeasible w/o HOA), but eventually a consensus emerged that an HOA was desirable
-- since July 2007, elected President has not yet taken any steps to officially create the HOA as a legal entity (asserting that electing officers brought it into existence)
-- since July 2007, elected Treasurer has not yet set up a bank account (given banks' apparent reluctance to open an account for an entity that does not exist)

thanks in advance for any feedback!
RogerB (Colorado)
Posts: 5,067
Posted:
Jonathan, I know of no compelling reason to set up an HOA as anything other than a not-for-profit corporation.
JonathanS1 (Massachusetts)
Posts: 3
Posted:
Thanks, that certainly makes sense to me.
Another related question: now a household has brought up the idea of being a non-incorporated association. How can this be feasible? That is, how could we open a bank account? (Other than it just being an individual account that is set aside exclusively for HOA use.) And in a worst-case scenario, how could a non-incorporated association have any legal standing in enforcing the CCR (attached for the curious)?
JonathanS1 (Massachusetts)
Posts: 3
Posted:
[ok, CCR now attached]
📎 Attachments (2):

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