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Las Cruces Dona Ana County
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Old 05-30-2009, 09:31 PM
 
2 posts, read 3,964 times
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We have been plagued by a few problems in our county subdivision. The majority of our only covenants are vague. A number of property owners within our subdivison wish to form a Home Owners Association to help clarify, and possibly strengthen the covenants. Is a HOA wise? Good idea? Bad idea? Effective... or non-effective, against residents who flaunt obvious violations in the INTENT of the existing covenants. HOW do we form such a body in NM? Thanks,..for any help. Fried.....
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Old 05-30-2009, 09:37 PM
 
Location: Tejas
7,599 posts, read 18,404,425 times
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I would not live in a HOA if I was given a home.
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Old 05-31-2009, 06:47 AM
 
Location: Tempe and Ruidoso
1,066 posts, read 2,251,929 times
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Quote:
Originally Posted by Fried in Lost Causes View Post
Is a HOA wise? Good idea?
Really, really, really, really, really bad, bad, bad idea! Why would you want more restrictions on how to live? We already have way too many laws!

Last edited by JDTH; 05-31-2009 at 07:16 AM..
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Old 05-31-2009, 07:14 AM
 
Location: Where I live.
9,191 posts, read 21,870,474 times
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Quote:
Originally Posted by BrianH View Post
I would not live in a HOA if I was given a home.
Me either....I avoid them like the plague!
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Old 05-31-2009, 07:18 AM
 
Location: New Mexico U.S.A.
26,527 posts, read 51,747,211 times
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Quote:
Originally Posted by Fried in Lost Causes View Post
We have been plagued by a few problems in our county subdivision. The majority of our only covenants are vague. A number of property owners within our subdivison wish to form a Home Owners Association to help clarify, and possibly strengthen the covenants. Is a HOA wise? Good idea? Bad idea? Effective... or non-effective, against residents who flaunt obvious violations in the INTENT of the existing covenants. HOW do we form such a body in NM? Thanks,..for any help. Fried.....
A home Owners Association (HOA) can be good or bad depending on a lot of factors. We have a condominium in another state which has an HOA and for our situation it has been good.

We have a family member in another state who lives in a single family home community and has had problems for years. They can not get road maintenance accomplished because all members of the community are not willing to contribute to the expense. This situation has been going on for over 20 years. But I understand, it is dirt roads and there was nothing which stated the roads would be paved. Half the people want to pave the road and the other half do not.

But usually HOA's are created during the development stage of a community, not after the fact.

You will most likely need at attorney, but you can help yourselves by doing a lot of research first:

theHOAprimer

CAI Homepage

Rich

Last edited by Poncho_NM; 05-31-2009 at 07:34 AM..
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Old 05-31-2009, 08:35 AM
 
Location: Tempe and Ruidoso
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Reputation: 538
There is no such thing as a good HOA!!
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Old 05-31-2009, 10:58 AM
 
Location: Tejas
7,599 posts, read 18,404,425 times
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Friend of mine got fined for changing the oil in his car in his own driveway.
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Old 05-31-2009, 01:14 PM
 
Location: Tempe and Ruidoso
1,066 posts, read 2,251,929 times
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Quoting my wife here

"HOAs are started by small minded people who want power"

This time I tend to have to agree with her. It doesn't happen often, but she is always right!!!!
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Old 06-01-2009, 01:58 AM
 
Location: Albuquerque, NM
1,663 posts, read 3,699,331 times
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I don't see how you would get a property owner to join a HOA when they don't want to go by the "intent" of the covenants in the first place.

But if you're able to find a lawyer willing to try, then have at it I guess.
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Old 06-01-2009, 02:05 PM
 
2 posts, read 3,964 times
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Thanks, for the feedback. I agree with most of the people responding to my question,...none of us want more regulation. But... we are still unable to enforce our covenants. Thanks Rich for the links. I haven't had time to persue them as I type. Will do.. next. I am beginning to have reservations on the formation of an HOA. As this type of body was not part of the initial "rules" of our subdivision, we may not have any legal validity... to try to form one after the fact? Also,..if the offending people will not likely choose to be a part of our HOA... They would remain outside of our jurisdiction under the laws in the state of NM? Definitely,... need to talk to an attorney. We are just hoping to bring our development back to its original quality.
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