Homeowner associations are not voluntary: purchasing property governed by an association means that the owner is obligated to abide by the governing documents.
Additional memberships, such as use of pool, Golf course, club house and so forth may be optional.
Assessments are collected from owners to support the operation of the association's business. If your governing documents subject you to paying assessments, and the board has the power to assess them, then they are due and owing.
You would need the written consent of every property owner in the subdivision. The document with the consents must be recorded in the land records.
No--unless it is required by the HOA bylaws or CC&Rs. However, having liability insurance is advisable for a homeowners' association because of the expense and burden of lawsuits in today's world.
A professional association is one that has membership comprising people who work in that particular profession. Membership is not required for all professionals in that class, however.
A professional association is one that has membership comprising people who work in that particular profession. Membership is not required for all professionals in that class, however.
Read your state law to determine the series of answers that may apply to your case. For example, the association may be able to raise assessments, but above a certain level, must notify all qualified mortgage lenders. As an owner, you can inspect the budget and determine why the assessments are going up. An explanation by the board is required.
Your answer may depend on who owns the roadway. If the association owns the road, they can install any manner of amenity. If the municipality owns the road, permission may be required, or petition may be required for the municipality to install speed bumps.
If the homes are within the provenance of the association, the new owners are automatically members of the association and are required to pay monthly assessments and live in the property according to the governing documents.
No--unless the homeowner's association is in your home's deed. To find that out, you may contact the escrow or title company who prepared you home's closing paperwork.
Read your governing documents regarding mandatory audits. Depending on the size of the community in number of units or annual income from assessments, the membership may be able to vote against having an annual audit. Also, review the Maine state law governing condominiums and non-profit corporations -- if your association uses that legal construct -- and determine what audit is required.
If you owe assessments that are unpaid, you are in violation of the financial agreement you made with the association. The association is required to pursue you to collect this debt. You can read your governing documents to remember your obligation to pay assessments, and understand the steps that your association will take to collect your debt. Your board can tell you whether or not this honest debt has been reported to a credit agency.
To form a Homeowners Association in an existing subdivision, a majority of the homeowners in the subdivision typically vote to establish the association. The process usually involves gathering support from homeowners, drafting and adopting governing documents such as bylaws and covenants, conditions, and restrictions (CC&Rs), and registering the association with local authorities if required. It is essential to consult with legal professionals and follow any state or local regulations regarding the formation of homeowners associations.
The term 'trustee' may be representative of the leadership required for the association. The association represents all owners who own real estate in common. Often associations are multi-million dollar ventures and require leadership.