How do we address this issue?

Started by LouiseD • 6 replies • 2543 views

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

⚡ Takes 30 seconds

Already a member? Log in

LouiseD (<Not Specified>)
Posts: 2

Posted:

We were told by the developer it is time for us to form a HOA.

We are in the process of writing our bylaws. We have many questions, so i guess i will be here often.
question for now is......we had a total of 30 lots all but 4 are sold. A few homeowners have purchased double lots, just one house built.
Do we charge them double membership fees? So far the bylaws say one vote per membership. Any thoughts on how to address this issue?
Thank You

DaveD (Florida)
Posts: 15

Posted:

We have the same issue in a subdivision of 32 homes. Each lot gets a vote. Multiple lots = multiple votes.
Dave

StephenG (Colorado)
Posts: 4

Posted:

With our HOA each lot owner has one membership and one vote and are charged a membership fee (assessement)per each lot owned. From the information you have given you probably will end up with 30 memberships, each with a certain number of votes. You would have to check to see if this is correct but it would seem that each vote could count for 331/3 points which would make 100 points total. This would make it easier to tabulate votes when having to have the membership vote on an issue. But bottom line, once you have drawn up draft bylaws ect., it would be best to have them checked by an attorney.

RogerB (Colorado)
Posts: 5,067

Posted:

Check your Declaration (Covenants) which normally are drafted by the developer prior to selling any lots. The Bylaws need to comply with the Declaration concerning assessments. Usually the assessment is per lot, and with only 30 lots usually the lots and homes are in the same price range in which case the vote for each lot would be equal, i.e., one vote for each lot.

In your case I suspect the assessment is per lot and an owner of two lots would get an assessment for each lot and one vote for each lot. Thus an owner of one lot gets 1 vote, whereas an owner of 2 lots gets one vote for each lot for a total of 2 votes. It is best to set it up in this manner because at some future date an owner of 2 lots may chose to sell one of their two lots.

Contrastingly, in some larger HOA's there may be two or more filings with a significant change in home costs. In this case there are usually prorated assessments with the more expensive lots having a higher assessment and the vote weighted accordingly. For example, if the assessment is 50% higher in filing 2 compared to filing 1, then the weighted vote is also 50% higher.

ChadO (Colorado)
Posts: 1

Posted:

We had a situation like this and for a long time the owner of both lots paid dues on each lot. Eventually this homeowner had the plots re-platted into one lot and now only pays one assessment.

LouiseD (<Not Specified>)
Posts: 2

Posted:

I WOULD LIKE TO THANK EVERYONE THAT REPLIED TO MY POST.
I WILL BE PRESENTING THEM AT OUR NEXT MEETING.

THANKS AGAIN........LOUISE D

🎯 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