2007-04-23 04:55:13 · 6 answers · asked by Julie B 1 in Politics & Government ➔ Law & Ethics
Yes
2007-04-23 04:58:13 · answer #1 · answered by libstalker 4 · 0⤊ 0⤋
YES.
This HOA was formed by a group of people living in the subdivision getting together and holding an election to form this body and then they worked on the rules for the subdivision.
Did you get a notification of this meeting and election? Everyone in the subdivision should have been contacted and a part of this process. If you were not, then you may have some ground to fight it. They can not do this in private and secret, it must be out in the open with all parties effected being informed and a part of the plan.
HOA's can be good or bad.
Good because they control the area and restrict the use which can keep the properties clean and orderly and the value of the property high.
They can be bad because you have a group of assigned or elected members making rules for everyone. And you have to pay a HOA dues which can hinder the sale in the future to those who may not want the additional expense. Plus if you miss a HOA payment, the HOA can file a lein against your home to take it from you to cover the missed payments. Plus you are governed by this body (of neighbors) and can not do with your property what you wish. Examples would be: parking cars on the street, weeds in yard, more than one family living in the residence, one or no pets, must have a blue roof on home and white paint, no trees over 8 ft, and more. They draw up the rules and regulations so make sure you are a part of that process.
2007-04-23 05:11:57 · answer #2 · answered by Nevada Pokerqueen 6 · 1⤊ 0⤋
Yes... with a couple requirements. For a HOA to become mandatory after the subdivision was started... there either has to be a covenant in the deed that states that a HOA can be created and require residents to be members, or the HOA must have been started with a majority of the homeowners signing on to begin with. The majority % required will vary state to state and locality to locality.
In my area (Mecklenburg County North Carolina), all planned subdivisions with more than 20 houses are required to have a mandatory HOA when they are built, and the majority % to create one for the older neighborhoods is only 87%.
Sadly, we are becoming a nation of power hungry people trying to control other people.
I live in a neighborhood that was created in the late 80's before the mandatory HOA laws were passes, and we have a HOA here, but it is voluntary and is less than $50 per year. That is a small price to pay for the services that are provided. We have public areas that are landscaped and they are creating a large park, all with the money from the volunteers.
2007-04-23 05:07:00 · answer #3 · answered by wanderingphotographer 3 · 0⤊ 0⤋
The HOA can not replace any of the provisions of the Covenant with out approval of the belongings proprietors. it is a Democracy, no longer a Dictatorship. All working rules are referred to as out interior the Covenants. occasion including your buddies and kill this flow earlier it starts. it is obvious that somebody on the board of administrators is finding for to get a kick decrease back from coverage companies. Our association those days tried to shrink the kind of leases and a few Organizaions do shrink leases. it is a contravention of user-friendly belongings Rights as spelled out interior the form.
2016-12-26 20:43:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes they can. Sell or face the facts & join. I personally would get the he(( out - I've dealt with them & they are a nightmare.
2007-04-23 05:04:18 · answer #5 · answered by Enchanted 7 · 0⤊ 1⤋
In most states, unfortunately, yes.
2007-04-23 04:59:34 · answer #6 · answered by Starla_C 7 · 0⤊ 0⤋