Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Out of curiousity, never ever? Or can the HOA give the common property to the town (assuming the town accepts it) or otherwise dispose of it and then dissolve?
Out of curiousity, never ever? Or can the HOA give the common property to the town (assuming the town accepts it) or otherwise dispose of it and then dissolve?
"Never Ever?" Seems like technical legal terminology that I am not qualified or licensed to confirm or deny...
My understanding is that establishment of any common area in a development, including storm water control measures, play areas, greenways, trails, club houses, swimming pools, tennis courts, etc, dictate that the developer must establish a formal HOA, and not assume that residents will volunteer to maintain such common area.
And it is nearly impossible to develop land currently into multiple lots without establishing storm water management structures.
Bingo. HOA.
Now, if lot sizes are all over 10 acres, the law changes, regarding storm water, and the need for an HOA.
Covenants can still exist, obviously, and be enforced by residents voluntarily via judicial proceedings, if required.
I believe that that state law is less than 15 years old.
Regarding "Never Ever": It might be curious how a town could assume management responsibilities unless facilities were open to the town's residence, and supported financially by the entire town. And I wonder about the motivation of a town to assume responsibility for retention ponds, etc.
This is all based on information I got in a class, or researched on line, and I cannot remember which it is.
So... You have motivated me to do the work to locate the source.
Film at 11.
I don't see the clear statement regarding mandatory HOA that I recall, so I have to dig into my papers. Maybe it is a de jure/de facto sort of thing. But I do see that the developer must declare an HOA, if applicable, as maintainer on the recorded plat prior to approval.
And the remaining choice, of a single lot owner is highly unlikely. What lot owner would eagerly accept responsibility for a large retention pond in a subdivision? Some ponds front on many lots.
"Never Ever?" Seems like technical legal terminology that I am not qualified or licensed to confirm or deny...
My understanding is that establishment of any common area in a development, including storm water control measures, play areas, greenways, trails, club houses, swimming pools, tennis courts, etc, dictate that the developer must establish a formal HOA, and not assume that residents will volunteer to maintain such common area.
And it is nearly impossible to develop land currently into multiple lots without establishing storm water management structures.
Bingo. HOA.
Now, if lot sizes are all over 10 acres, the law changes, regarding storm water, and the need for an HOA.
Covenants can still exist, obviously, and be enforced by residents voluntarily via judicial proceedings, if required.
I believe that that state law is less than 15 years old.
Regarding "Never Ever": It might be curious how a town could assume management responsibilities unless facilities were open to the town's residence, and supported financially by the entire town. And I wonder about the motivation of a town to assume responsibility for retention ponds, etc.
This is all based on information I got in a class, or researched on line, and I cannot remember which it is.
So... You have motivated me to do the work to locate the source.
Film at 11.
I agree. I can't imagine any circumstance under which the town would take over responsibility of a stormwater control structure. That is the absolute last thing they want to do since there are most certainly maintenance costs involved. If you have a stormwater Best Management Practice (BMP) in your community, say hello to Mr. HOA!
Yes we I and others consulted with an attorney on this and many will give you advice on it. The developer wont do anything that costs him money unless he legally has to, and that means putting up a fight.
You MUST get others that agree with you to get together and work as a team and you will most likely need a lawyer. Also you will always need an up to date copy of your covenants when working with a lawyer.
It can be cheap if you get some people together to agree on this. Dealing with developers is never fun in this case.
You can disolve an HOA even if you have common area but it is a process and not guaranteed since you need to work with the county. You also need a large percentage of people in the sub. that want it also.
First try having MANY people in the subdivision start writing letters to the developers office (phone calls are easily denied) and see what happens.
Ducter, do you know about how much it costs to consult with an attorney? Currently there are only about 10 homes that have sold in the neighborhood (it is small), so there aren't many owners to get together and dilute the cost of legal fees.
Yes we I and others consulted with an attorney on this and many will give you advice on it. The developer wont do anything that costs him money unless he legally has to, and that means putting up a fight.
You MUST get others that agree with you to get together and work as a team and you will most likely need a lawyer. Also you will always need an up to date copy of your covenants when working with a lawyer.
It can be cheap if you get some people together to agree on this. Dealing with developers is never fun in this case.
You can disolve an HOA even if you have common area but it is a process and not guaranteed since you need to work with the county. You also need a large percentage of people in the sub. that want it also.
First try having MANY people in the subdivision start writing letters to the developers office (phone calls are easily denied) and see what happens.
Since Jenaten is in Apex, would the County hold jurisdiction? Or would it be Apex jurisdiction? I suppose it depends on whether they are an Apex mailing address, or residents of the town of Apex.
If the HOA Bylaws are separate from the covenants, they will likely be of great interest to the attorney, also.
And I bet that the bylaws will indicate that the developer has the votes to withstand any effort to dissolve the HOA.
Anyway, I positively agree that legal counsel and the threat of legal action may be needed to get the developer to move.
And I agree with the need for documentation of all correspondence.
Raleigh NC Homeowners Association Law Attorneys – Articles of Incorporation, Bylaws (http://www.hatchlittlebunn.com/homeowners_association_law.html - broken link)
I spoke to them and they gave me great advice. I didnt need to pay them for the extent of my ? But I think they want unser 300.00 to review the covenants. Honestly with only 10 homeowners (not all who will stand together) I dont know how much of a voice you will have.
True you cant disolve an HOA while the developer still has control.
Thanks for the link, Ducter. I do not want to have the HOA dissolved because I do actually see value in having those restrictive covenants. I do not want to pursue getting rid of the HOA, I'd just like the folks in charge of it to actually perform their duties as required. Even though there are only 10 of us (and more to come soon), I think we all are in agreement that the common areas look like total crap and something should be done.
Thanks for the link, Ducter. I do not want to have the HOA dissolved because I do actually see value in having those restrictive covenants. I do not want to pursue getting rid of the HOA, I'd just like the folks in charge of it to actually perform their duties as required. Even though there are only 10 of us (and more to come soon), I think we all are in agreement that the common areas look like total crap and something should be done.
You could dissolve the HOA and let the county take the common areas for unpaid taxes. Then, they'd own them.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Some fine reading
yes
