HOA Issues - Volusia County Fl

[mandm6983]

Florida, Volusia County - I live in a community that is about 80% HOA, the other 20% is not involved with the HOA (I am in that 20%). Recently the HOA acted on behalf of the entire community and placed stop signs in places that do not serve any purpose. The city responded by saying since the HOA maintains the roads, this is ok....here is the problem. I live on a section of road where a majority of the residents are not HOA, and we as homeowners pitched in and had our road paved because the HOA wanted no part. Since the HOA does not maintain our stretch of road, are they able to make descisions that effect the entire community?

 

[justalayman]

The HOA is allowed to do whatever the members and their rules (and laws of course) allow them to do on property under their control. They have no authority to take any action on property that is not under their control. Once you enter an area under their control, you can be required to conform to the rules in place.

If that means stopping at stop signs, regardless of whether you feel they should be there or not, then you stop at the signs. Since the roads are private, failure to follow the rules could result in being denied the use of their roads.

 

[mandm6983]

reply

So then I can deny the HOA from entering the road where my house is?

 

[justalayman]

I don't know. I have not read all the pertinent documents. It is unlikely YOU could exclude anybody since you say there are multiple homes served by the road in question. I also have no idea if they have an easement or right of way to be able to use your road.

It sounds like you are simply a grouping of homes that have a common easement (not speaking of the HOA controlled property) probably reaching to some public roadway. Is that correct? If so, you would have to research who is the actual owner of the land the road is on (servient tenant) as well as all the dominant tenants (those given the right to use the easement/ROW). Then, you would have to determine by what right the members of the HOA may be able to use your road. If they have none, you need to determine who has the right to control the roadway. After you figure that out, you would have to see if any AND all people with the authority to grant use of the roadway would be willing to restrict the members of the HOA from using the roadway.

 

[FarmerJ]

You wrote > the other 20% is not involved with the HOA (I am in that 20%). < does this mean that your home and the others on your road have no recorded anything that gives a HOA the right to make rules or do things ? you know covenents , restrictions etc ? ( curious were the houses on your road built and sold with out recorded restrictions etc to the titles then the rest of the development was built with restrictions written into the titles ? ) You posted > we as homeowners pitched in and had our road paved because the HOA wanted no part. Since the HOA does not maintain our stretch of road,< so of course if they had no written authority to do so then its time to prove it , proving it may include paying for a review your homes title to make sure this HOA has no power over exteriors, your roads, your yards , and if you are indeed correct then and this sign is on land that is not with in the HOA control area, I guess it would be better for more than one of you on your road to sign letter sent to this board telling them they have X number of days to remove the sign they installed and remind them that the sign was placed on land that is not under HOA control.

 

[HomeGuru]

Florida, Volusia County - I live in a community that is about 80% HOA, the other 20% is not involved with the HOA (I am in that 20%). Recently the HOA acted on behalf of the entire community and placed stop signs in places that do not serve any purpose. The city responded by saying since the HOA maintains the roads, this is ok....here is the problem. I live on a section of road where a majority of the residents are not HOA, and we as homeowners pitched in and had our road paved because the HOA wanted no part. Since the HOA does not maintain our stretch of road, are they able to make descisions that effect the entire community?

**A: who has title to the road in question and are there CC&R's recorded on title that governs that same property.