Homeowners associatio

[diogenes]

well it appears my neighbors want to form a homeowners association, I have offered to install an 8 ft privacy fence, but they may not accept that. Any Ideas?

[solar pete]

well it appears my neighbors want to form a homeowners association, I have offered to install an 8 ft privacy fence, but they may not accept that. Any Ideas?

Howdy diogenes, I think member J.P.M is a person who knows a lot about the HOA stuff, hopefully he will chime in at some stage, cheers.

[foo1bar]

well it appears my neighbors want to form a homeowners association, I have offered to install an 8 ft privacy fence, but they may not accept that. Any Ideas?

What do you mean "form a homeowners association" ?
If the HOA didn't exist before you're like any other property owner who just happens to have property next to some properties that have an HOA. IOW if your property doesn't include CC&R's, you aren't bound by the neighbor's HOA's CC&R's.
As far as I know, you can't force someone to join their property into an HOA.

[J.P.M.]

Howdy diogenes, I think member J.P.M is a person who knows a lot about the HOA stuff, hopefully he will chime in at some stage, cheers.

I know enough about it to be dangerous to myself and all those I come in contact with. The little I know of HOA interface with the legal system relates to CA. Diogenes is in Tennessee. Lovely place. Been there many times. May be there next spring. Completely ignorant of HOA/Tennessee situation. Find an HOA attorney.

[mrdeath2000]

Some homes may have HAD an HOA and chose to dissolve it, but it might be possible to revive it. Our previous house was like that. House was built in @1996, and in 06 when we bought it (yea... boned), the HOA had been dissolved, disbanded, whatever the terminology is, already.

[foo1bar]

the HOA had been dissolved, disbanded, whatever the terminology is, already.

Yep - it's possible to have an HOA that's not active. My current home has CC&R's that go with the property - but no HOA to enforce anything, and some of the CC&R's are legally not allowed.

Which is why I ask what he means by "form an HOA". If he didn't have any CC&R's to begin with, then there isn't anything an HOA from the neighboring properties can enforce.


OTOH, the local government still can enforce almost whatever it wants - and the neighbors could certainly make their case to the local government. So I wouldn't purposely annoy the neighbors.

[diogenes]

Local government has already allowed several panel installations, Also we have a covenant now which limits satellite dishes and farm animals, but is silent on solar panels (it was written in the 90's)

[foo1bar]

Local government has already allowed several panel installations,

Doesn't mean they have to allow yours.
If the others were rooftop and yours is ground mount, that's probably enough for them to decide not to allow it.
If yours is larger, and the others are smaller, that's probably enough for them to decide not to allow it.
etc. etc.

Also we have a covenant now which limits satellite dishes and farm animals, but is silent on solar panels (it was written in the 90's)

Then it isn't really "form" an HOA - it's probably more electing an HOA board for an existing HOA governed by those CC&Rs.
You'll probably want to read the CC&R's and see what it says about amending them. (And what your local law is regarding amending them)

I recommend finding a way to make peace with your neighbors. You have to live next door to them.