💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MelodeeG (Arkansas)
Posts: 2
Posted:
First off we live in East End Arknasas(about 30 mins from Little Rock) when we moved here 3 yrs ago, there were only so many houses done, the rest of the community hasn't even start at that time now the are new roads and house and people, recently there has been one home that has been broken into durning the day and a truck had somethings taken from it..( they should have locked there doors)..anyway; Some of of neighbors have decided to start a watch(which I am all for) but now they have decided to start a HOA and some want it and some don't( that is the 1st Prob) Most of our thinking who don't want this is that those who want it, just want to be able to make rules to make them happy, and plus why should we have a HOA and pay dues when we don't live in a Golf comm. or a lake comm. and there is no neighborhood playground and pool, and there will never be because the developer is still building and he owns all the land and lots out here, plus the builder gave us a list of "bylaws" when we signed our contract to build our house, also hopefully not stepping on any toes and I mean not disrepect, but we live in a neighborhood with only 3 minoritys in it and I know for a fact that the people putting this all togather has not spoken or included them in any of the planning or have given them any paper work explaining what the neighbor is wanting to start up.. So I guess my question is we are having a meeting theis Saturday to vote yes or no on this and I was wanting some input to take and share with the group.. just for the record I am not completely against the HOA but the way the are doing it. They haven't even said how much dues would be, just hey we want this now Vote..
Thank you for any help.
GeraldT4
Posts: 1,022
Posted:
MelodeeG - Please provide us as much detail of what the "bylaws" state. Contact the Developer yourself and ask if there is an HOA formed by the Developer that will eventually transition to the owners. If there is an HOA, than forming one will be unnecessary. In order to impose rules on someone, all owners must be in agreement to adopt those rules. The act of an individual buying in an established HOA is the same as adopting the rules. By purchase they are a part of the HOA whether they like it or not. If there is no HOA to be passed from the Developer to the owners than the HOA the owners are seeking to be formed will be non-binding on the owners being excluded. My recommendation is, do not vote yes or no to forming an HOA. By voting no you will contribute to quorum of the meeting and aid those seeking to form the HOA. If there are no common elements that the owners must maintain, and fund to eventually replace, why in god's name would anyone want to create an HOA? Also, if you have one, contact your local municipality and speak with the borough clerk. He/She should know if there is going to be an HOA transitioned from the Developer.
DonnaS (Tennessee)
Posts: 5,671
Posted:


Melodee,

I sure hope that these folks who want to start a HOA for your developement, know how much work and expense they will be getting into. Just because a couple of homes have been broken into, what do they think being in a HOA will do to prevent further crime?

The very first thing that I would do is to have a good conversation with the Developer. You said that he gave yo bylaws. Right there almost states that he will have you formed into a HOA otherwise, he would not have bylaws already written. So my advice is to talk with the developer first. TAKE NO VOTE!! It will not be binding anyway so just try and slow these people down until you get some real good information as to the plans for this developement from the Developer.
MelodeeG (Arkansas)
Posts: 2
Posted:
Thank you so much for your help.. I am still trying to find out more info before Saturdays meeting, I did miss the 1st meeting( I was sick with the flu) that they had and got all my info by word of mouth, hopefully I can get in to contact with one of the two people heading this whole thing up, but am I wrong to get the impression that it seems like a "click" thing that they are forming this to be able to set some bylaws to work for them, cause this whole thing started with just having a neighborhood watch for crime prevention?
DonnaS (Tennessee)
Posts: 5,671
Posted:

Melodee,
Another very important thing that I would check into is to go to the web site for the "Clerk Of Circuit Courts" for your County. On there you can do a name search. Key in the name of your Developement and if there are any papers filed by the Developer, they will be there. If you have trouble, call them and ask for the information. This will be the most valuable piece of information that you can take to your meeting. You may already have a HOA set up by the Developer and he just has not proceeded yet because it sounds like you are far from being built out( all or most lots are sold and built on)
GeraldT4
Posts: 1,022
Posted:
MelodeeG - I'm a bit taken aback by your second post. I know my word, and everyone else's on HOATalk isn't gospel but you the info you should find out about before, during, and after Saturday's meeting is from much more reliable sources, such as your municipality's clerk and dare I say it the Developer. They can inform you of the current property regime you live in. Plus, you did not post details of your by-laws. Why are you going to contact the people heading "this whole thing up". They may be willing to put the cart before the horse, don't be so quick, or foolish to follow.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Melodee,
I think Donna and Gerald are really into the center of what you should do first and from what i read they are telling you, to find out a lot more than you know right now before you take sides or publicaly (this site) label some of your neighbors that may not take this kindly.
So take their advice and answer their questions about what you know as opposed to how you feel.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Robert,
Thank You for shoreing up Gerald's and my opinion. I have a gut feeling that Melodee's situation is mostly a huge lack of communication, probably from the Developer to the membership. During this time in a developement's building, there are so many factors that need connections between the parties involved. All have to stay connected and when they don't, this posters situation is what happens.
GeraldT4
Posts: 1,022
Posted:
DonnaS - It sounds like you're right, and there is miscommunication, or lack of communication, or maybe even misunderstanding on the owners part. I'll never forget in my HOA/COA where the owners rallied together and called for a meeting with the Developer and Board due to 6 months of nothing since the 1st Transition Election meeting. It was standing room only, you could have sold popcorn and made a huge profit. What theatrics. The thought never crossed our minds to form our own HOA/COA. I guess we are very conservative and formal folk, compared to some, here in Tri-state New Jersey area.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here