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What to consider when starting an HOA

On Behalf of | Jun 7, 2019 | Firm News, Homeowner Association & Condo Law |

Homeowners associations have become more popular in recent decades in Florida and throughout the country. As of 2010, roughly one in five Americans lived in a property controlled by an HOA. To create an HOA, a group of individuals will need to create an LLC or similar entity and come up with the rules that homeowners must follow. Finally, it will be necessary to create bylaws and ways for regulations to be amended in the future.

Any officers elected to the HOA board must be qualified to hold the position that they have been chosen to fulfill. Typically, the association will need to have insurance to protect itself against homeowner lawsuits. Lawsuits may happen for a variety of reasons such as disputes over rules enforcement or potential changes to community bylaws. If a homeowner has a complaint, it must be addressed in a timely manner.

Rules must be enforced in a consistent manner at all times, and homeowners need to be notified of any changes before they take effect. They will also need to be notified if the HOA needs to raise money for an expense that can’t be covered by the reserve fund. To keep special assessments to a minimum, HOAs should research the amount of money that they will need to collect from residents before they are created.

If an HOA dispute arises, it may be necessary for an individual to obtain the counsel of a homeowner association and condo law professional. He or she may be able to review a case to determine if a resident is the victim of fraud, unfair rules enforcement or other misdeeds. In some cases, disputes may be resolved without going to court, which can help them reach solutions in an amicable manner.