HOA or Recreation Association

Started by MargeL • 8 replies • 1462 views

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MargeL (Virginia)
Posts: 5

Posted:

Our Association has become very contentious because a Board is enforcing covenants about keeping lots clean. We have people who have been lot owners for a long time and also new people and most people now have homes on their lots. We have camper trailers parked permanently on some lots and people
with homes don't want them. They are a mess and one has an outdoor toilet that he hooks up to a septic tank. There is a common lot which is a shared responsibility of all lot owners. Someone has suggested doing away with the Home Owners Association and becoming only a "recreation association" in other words no rules except the maintenance of the common lot. It is my understanding that even if you become a recreation association and just take care of the
common lot, that does not mean that you can get rid of the covenants for your subdivision, and I for one do not want to do that. Have any of you had this topic come up? and what did you do?

MikeS1
Posts: 521

Posted:

It seems like I remember previous threads on this. I really don't think that this is done so easily. This is a good one for the attorneys.

MargeL (Virginia)
Posts: 5

Posted:

Thanks Mike, I found a couple of discussions.

RogerB (Colorado)
Posts: 5,067

Posted:

Marge,
With regard to your question on getting rid of the Covenants, read your Declaration of CC&Rs. It should tell you if you can do this and if so how. It probably is not an option so long as there is common property. Amending the Declaration is an option which may be used if sufficient approval of all owners (possibly including mortgage companies) can be obtained. Seems like your current Board is starting to enforce restrictions whereas it hasn't ben done in the past. Good for them, it is their fiduciary duty.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Just curious, Virginia

How old is your HOA?

Were you originally a recreational camper/trailer community that had CCRs? and now permanent homes are being built on the lots - or the other way around?

What's in your CCRs dealing with how the lots are to be used?

MargeL (Virginia)
Posts: 5

Posted:

Founded in 1981 - Has always been an HOA with CCRS. Set up that way and incorporated as a non-profit. There is a subdivision
in this area that was set up as a recreation association from the very beginning but from what I understand about it is, some people
did not want to be responsible for a common lot and opted out of belonging. That means they are not
responsible for its upkeep, but it also means they cannot use it for access to the lake it is on. This same place has covenants
however, that everyone has to abide by.

Our subdivision CCRs say that all members buying property are part of our HOA and are responsible for upkeep of the common lot. The people advocating dissolution of HOA seem to think that if they change our HOA to a Recreation Association they will avoid having covenants
and thus can do what they want with their land. I think that is irresponsible at this late date, and probably not even possible. CCR's
were somewhat open to interpretation and we are trying to make them more specific with regard to camper trailers.

SusanW1 (Michigan)
Posts: 5,202

Posted:

It's too bad that people don't realize that having lake access
actually increases your property values. What about docking?

If that is the only common area, perhaps a limited number of those who launch and/or dock there could maintain it.

Of course you will have to follow your document guidelines for dissolving the corporation, then selling or donating the lot to a new association. with a paid membership.

MicheleD (Kentucky)
Posts: 4,491

Posted:

You will probably find tons of info here on this, but, if your HOA is a mandatory one, with CC&Rs and such, regardless of some wanting to just make it "recreational" and regardless of how old it is, they will not legally be able to simply do what they want and say, let it be.

The CC&Rs most likely have specific instructions on when and how the governing documents are able to be amended.

Not sure if you have an annual assessment or not (or any kind of assessment), but that is what should have been used for the common lot maintenance all these years.

I'm guessing there aren't any board members?

It seems that something needs to be dusted off and revived even before it can be terminated.

KirkW1 (Texas)
Posts: 1,665

Posted:

At any rate you will have to change the CC&Rs to "get rid of" the HOA. Typically it takes a "super majority" of 2/3 of the owners to approve such, though sometimes it is as much as 75% and other times as low as a simple majority. Some places they are written to not allow amendments except in very narrow time frames.

I would start with reading the CC&Rs and related documents. Then follow with another go through and try to understand them. You will also need to check state laws which may address the issue as well.

If you like the actions of the HOA there is good news. It is not easy to stop said actions. But enough people don't like it, they can effect the change desired. It just won't be easy.

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