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You would need to have the documents drafted by an attorney who specializes in real estate law and then obtain the written consent of every home owner and lot owner in the subdivision.

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In Michigan how can you form an HOA with existing homeowners. What are voting requirements to form?

Best practices dictate that owners interested in forming such an association hire an association-savvy attorney to help them form the community. Such an association is formed under state and local land-use provisions, so it may be that you'll need 100% of affected owners to agree to the formation. The attorney can help you offer 'grandfathering' clauses to owners not wishing to join, but requiring that the property be included upon sale to a new buyer, for example.


Can you be held liable to a homeowners association you did not agree to?

If you purchased real estate already established as a homeowners association, you are subject to that private government. You received copies of the governing documents when you sat with the title company and signed that mountain of documents. Your realtor told you that you were buying into an association. _______________ However . . . If you purchased real estate in a community without an association, and your neighbors are forming an association, as an owner you are entitled to full disclosure as to what your liabilities are and/or will be once the association is formed. Usually, you can resist joining a newly formed association by being 'grand-fathered in' in your current exempt state, but when the property is sold, it may be required to become subject to the association -- or not. This is a legal issue with no standard. Best practices dictate that you engage the services of a local common-interest-community attorney to help you preserve and participate in the position you want.


What happens if a buyer purchases a condo in a complex that has no homeowners association currently?

Depending on where you live -- state laws may vary -- there may be an association, but it has been formed by the property developer. The developer may be the only officer in the association.You can check with the Secretary of State under the formal name of the association, to discover the names of its officers.


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Generally, associations are formed by the developer, because associations are land-use parameters. Establishing one after the lots/ buildings are sold may be problematic. However, if a group of owners wants to form an association, you can visit a local common interest community-savvy attorney who can advise you as to how to proceed.


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