What steps could a HOA take to require people to join HOA that started after the neighborhood was established?

Answer 1

I have to be honest with you, it ticks me off everytime I see more and more attempts to make what should be life and liberty in the U.S. more mandatory red tape and if you were in my neighborhood and tried such a tactic, I would go door to door to get signature to petition to stop you.

A better solution would be to start doing something pro-actively as a HOA that would make people want to join and be a part of it, like organize neighborhood watches, organize block parties where everyone brings a dish and a board game and gets to know their neighbors, or at minimum, go door to door and get to know the people and what their needs, wants and concerns are.

Answer 2

i may be wrong but mostly sure that if a hoa is started after
the neighborhood had been established its strictly clear the hoa is a volunteer to join, if there are extras like community pool, playground lets say the hoa members bought land to build,etc. the non members of the hoa have no right to use,
most hoa's are established while the homes are being built, and run by the builder until all homes in this neighborhood are
built at such time is turned over to the hoa members to run,collect dues,send out violation notices etc,

Answer 3

There needs to be a big enough benefit to the homeowner to make it worth the fees and rules. I personally wouldn't want to be a part of an HOA, unless I had approved of every rule it had. I think the fees and restrictions make people feel like they don't really own the place, and it can be very frustrating knowing that you own your home, but you aren't allowed to do certain things. For me, if you formed the HOA after I had already lived there, I probably would not join unless I agreed with everything in the HOA, or the benefits were worth the cost and restrictions.

Answer 4

HOAs are normally created by the developer recording CC&Rs before the property is subdivided and sold to the public.

Creating a mandatory HOA after the neighborhood was establish is a lot harder. You will probably need the consent of all of the owners or a court order to record CC&Rs that impact the entire neighborhood.

Real property laws vary from state to state, so consult a local real estate attorney for further information.

Answer 5

Depends on under what conditions the original subdivision developer platted the property. Most that do permit the formation of a HOA/POA later have specific requirements about what properties CAN form a POA and and the ones that MUST join. Have a real estate lawyer look at your deed and do a developer search to determine. Generally 3/4 of the houses covered by a sub plat have to OK the POA> IN some cases ALL do

Answer 6

oh my .....that is a sticky wicket. I'm thinking the best you can do is a volunteer HOA and work for participation of as much of the neighborhood as you can. Many people move to neighborhood specifically because they do not have a HOA, so don't feel bad if you don't get 100%.

Answer 7

If homes were not included in an HOA agreement when they were built, you can only ask people to join. There is nothing legal you can do to force them to join.

An owner might also accept a binding covenant like the CC&Rs for the HOA, but again, only voluntarily.

Answer 8

Institute a gestapo like Hitler did...HOA is along the same lines anyway.