Nine years ago 154 homes were built in a subdivision without an HOA. There are no recorded CCRs, By-Laws, Design Guidelines, etc... That builder eventually went bankrupt. A new developer purchased the remaining 114 in 2012 lots and has developed 36 in 2013. In May of 2013, he recorded an HOA for these 144 remaining tracts in the subdivision. The new developer has stated that he will offer voluntary membership of the older 154 homes into the HOA until such time as he and his lawyer can find a way to make it mandatory for the older 154 homes to join. Common elements such as parks are not developed in the community. I can not find anything in CCIOA to address this. Is there a way for the developer to make membership mandatory and binding upon the entire subdivision?
It will basically require a vote of all of the homeowners as to whether to make the subdivision a mandatory part of the HOA. I have seen it done before. Best bet is to rally fellow homeowners who are opposed to the idea of a mandatory HOA and consult with your own real estate attorney
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
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