On Sun, 21 Dec 2008 12:32:20 -0800 (PST), Too_Many_Tools
wrote:

On Dec 20, 1:51Â*pm, wrote:
On Sat, 20 Dec 2008 09:53:26 -0800 (PST), Too_Many_Tools





wrote:
On Dec 18, 3:44Â*pm, wrote:
On 18 Dec 2008 03:47:32 GMT, Jim Yanik wrote:

"SteveB" toquerville@zionvistas wrote in
:

I wouldn't be shocked if this case is appealed. This fires a shot
across the bow of every HOA in Florida.

Because of the state of things in Florida, the ripple effect has been
felt as far away as Nevada. Â*Because HOA members wanted
accountability, Florida enacted the first law requiring a full reserve
study be done by a state licensed and approved reserve specialist.
This study includes a 30 year projection of all costs of common areas
and appurtenances, depreciation of same, interest rates earned on
money collected and deposited in interest bearing accounts, and bottom
line, what the HOA dues per owner will be to meet the 30 year plan.

Nevada has such a law.

Now, a new subdivision or condo bunch may not be built without the
builder forming a HOA, and then turning it over to members.

I love watching this stuff. Â*We do the inspections on these
properties, the largest one being 1200 acres. Â*Smallest one 7 houses.
It's about $80 an hour for our work.

We love HOAs, but I wouldn't live in one for anything, even if I got
old and couldn't mow the yard. Â*Right now, I live at the end of a dirt
road. Â*I can **** off the front step whenever I want to and shoot
coyotes out of the back acreage. Â*I live in AG1 agricultural zoning,
and can do almost anything. Still have to get permits for new
construction, but that's all.

I do own a cabin where there is a HOA. Â*But the dues are $25 per year,
and there has never been a meeting, and not $1 of dues has been
collected. Â*When we need something done, we get the 7 cabin owners
together, and do it. Â*Like it should be.

Steve

and what do you do if your neighborhood votes to form a HOA,and then you
have to abide by their restrictions?
Or,when you sell your property,then it falls under the HOA's rule.

Never heard of an HOA being imposed after the fact. If you own your
property free and clear before an HOA is formed, you are, by
definition, NOT part of the HOA. If they don't like you being there
they have TWO choices. Develop elsewhere or buy you out at your price.

Unless your property violates municipal bylaws- Hide quoted text -

- Show quoted text -

It happens...you just need the majority to amend the local law
(covenant in many places) that apply to the subdivision.

TMT

If you are there before the subdivision covenant, you are NOT bound by
the covenant.- Hide quoted text -

- Show quoted text -

I would disagree...if a majority votes to adopt a change, you are
stuck with it.

TMT
If you are there before a formal subdivision or development is
organized you ARE exempt. At least to a degree. It is not like a
municipal bylaw - but even there, there is such a thing as a
"grandfather clause" or a "variance" which makes non-compliant use
legal.


If, however, ALL parties in the proposed HOA are existing homes, you
would be correct.