Can a housing developer force single family homes to have a home owners association?

Asked 11 months ago - Albuquerque, NM

Half of development are single family homes and half are 2-building townhomes, with a barrier separating the single family homes from the townhomes.

Attorney answers (1)

  1. Golnar Sargeant

    Contributor Level 19

    Answered . I am confused by your question. You need to provide more details about why and how a developer is forcing the formation of an HOA. The fact that some are single family and some are townhomes is irrelevant--I've seen plenty of HOAs with a mixed bag of types of homes. The reason I'm confused is because usually, a developer will develop a plot of land with the HOA already in mind--in many jurisdictions, they have to state that on their permit if it will be an HOA before they can even start developing the land. The Developer then writes up the CC&Rs/Articles of Incorporation/By-Laws (following them all is mandatory and not optional), so there is really no room for question as to whether or not the development is going to be an HOA or not--it is not therefore a question of "forcing" an HOA. Your question makes it sound like the developer is not sure and is half way trying to form an HOA--it just does not comport to the manner in which this type of stuff is usually done, so clarification would be needed.

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