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SteveB SteveB is offline
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Default proposed HOA formation


"George" wrote in message
...
SteveBell wrote:
One of my neighbors came by the other day and asked that I sign a
Christmas card and chip in for a gift card for another neighbor, Mike.
It turns out that Mike is the guy who's been mowing the big right of
way around the entrance to our subdivision. I just assumed it was the
city. Nope, it's Mike, and he's been doing it for free for more than
two years. I was happy to kick in a few bucks. Thanks, Mike!

While she was here, she casually mentioned that "some of us" were
trying to set up an "unofficial HOA" that would ask people to
voluntarily donate a suggested amount to do things like decorating
around the entrance. I'm generally opposed to HOAs, so I just ignored
that and gave her some cash for Mike.

If someone asks me to help plant shrubs, I'll be glad to participate,
but I'm not going to support setting up an HOA. About what do I need to
worry here?

* I assume they can't impose an HOA after the fact unless we agree. Am
I right?
* What if 75% of the homeowners agree to the HOA?

It's unlikely this will ever get past the talking stage, but if nothing
else, it's an interesting question. I'll go talk to my lawyer if it
becomes a reality.

In your opinion, what's likely to occur, and what can I do about it.


Sounds like its more of a bad choice of a name than anything. I have
friends who have a similar situation. There is a common green area and
also a neighboring stream with a flood control dike where they live. They
have a simple informal neighborhood association where everyone throws some
money in to pay something to help out their "Mike" and for some plantings
and the Christmas decorations.

If it were me I would ask if the "unofficial HOA" you described has the
same intent and even suggest that the name be changed.


I'd keep it informal and illegal. That way, if the wheels fall off the
thing, you won't be bound to it. What if you form an association, and Mike
continues to do the work at the reasonable rate he now does it. Aw, shoot,
Mike falls under the mower, is killed, and his widow sues the HOA. PLUS,
now you have to hire Mike's replacement, and they want $2500 a month. PLUS,
the state is in on it now because you didn't have Mike properly insured.
And Mike's widow has hired the most ruthless ambulance chasing personal
injury attorney in the state.

It's a scenario that HAS happened before, or similarly, and not impossible.

Lastly, everything hinges on Mike. What happens if something happens to
Mike? Transfer. Divorce. Sickness. Injury. Gets tired of being the
hero. **** happens, and it usually happens worst to people with good
intentions. No good deed goes unpunished.

HTH

Steve