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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102191
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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We have 6 home owners in our development which is on a

Customer Question

We have 6 home owners in our development which is on a private road ( owned by one of the home owners ). This home owner, who owns the road wants to form a home owners association. My question is , does he have a legal right to make us sign such document. If the majority rules in favor are we now locked into a home owners association by default.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

That is generally not the way it works.

(a) The homes may have a covenant in the deed that mandates an Association. If this is true, then it can be formed.

(b) If the deed covenants do not have such a mandate, then there is no need to join any Association. One can joint it voluntarily, but may also leave at any time.

(c) Some deed covenants may mandate that the home will be part of an Association if an Association is voted in by majority/percentage of the other homes in the neighborhoods. This is very rare.

Unless (a) or (c) is in play, there is no mandate to joint such an Association.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!

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