Condo Association Management Blog

Terry, there are several considerations and questions that need to be addressed prior to taking on this type of project. 
 
First question - why - what do owners expect to gain by forming an HOA? 
Can the objectives be met through a civic association and stronger support of the local government if for example properties are not being maintained?  
 
Second - do the "leaders" understand that no person can be obligated to accepting a covenant on their property once purchased UNlESS the owner(s) and their mortgage company concur.  
 
Even in situations where covenants and architectural restraints were in place, the owners split 50/50 over the formation of a mandatory HOA and its additional obligations and expenses. Eventually the "wanted" group resigned themselves to not having an HOA. Governmental approval may be needed.  
If the development plan approved by the governmental agency called for an HOA and the developer failed to properly create one, that in some states is a different issue.  
 
Before committing funds to have an attorney begin the paperwork, do the research and determine that there is substantial support for such a legal structure. On a voluntary basis, some home owners may opt to not join. This has to be accepted. However if it was a mistake by the developer, the court may find that all owners of property within the development are obligated to the entity.  
 

I'm sorry I ever got involved in this hoa controlled property. You should thank your lucky stars and run away from this idea.