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"Remote" HOA Participation

(@jogetz)
Posts: 65
Trusted Member
Topic starter
 

All,

I am in the process of buying property on STX. I know many areas have an active HOA (Home Owner's Association) that provides for the general upkeep, etc. of its neighborhood. The area in which I may be buying does not yet have an HOA established, but they are currently in the "paperwork" phase of getting one set up. Since the HOA does not yet exist, there are no guidelines, etc. yet established on exactly how it will work. Since I will not be a permanent resident of the island in the near future, the issue of HOA procedures brings up a few questions for me.

What I would like to know from those of you who own STX property and are currently involved in a working HOA is :

For landholders who do not live on the island and who are only there a few times a year, how are those people able to participate in the HOA meetings / voting / decisions from a remote location here in the states? Exactly how does your HOA accommodate them?

I realize that different HOA's probably vary in their exact procedures, but at least I can get an idea of how my HOA might work for me once it is established and procedures are put into place. Also, if I have an idea of some good ways that other HOA's accommodate off-island owners, maybe I can provide some input as to what will eventually be in place for my own neighborhood. I have been told that since the HOA has not yet been set up, the procedures won't be worked out until the first meeting of the participants .... but that again begs my question : how will I participate in that meeting from there in the states.

Any feedback that anyone can provide will be much appreciated.

Thanks in advance to any and all of my future "islander" neighbors who can shed some light on my question.

jogetz

 
Posted : June 9, 2008 2:34 pm
(@terry)
Posts: 2552
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I can't tell you about HOA'S, as the property we have for sale doesn't have one. However the condo we own has an annual owners meeting in which you can either attend, which I do, or you can have another owner vote your proxy, or have the President vote your proxy.
In our association by-laws, a quorum of owners must be represented either in person or by proxy. If this is not done, the meeting can't be held.
I would strongly suggest that you attend the first meeting. Otherwise you might find rules you would not want to live with.

 
Posted : June 9, 2008 2:47 pm
(@jogetz)
Posts: 65
Trusted Member
Topic starter
 

Terry,

Thanks for your comments and advice. I am not sure exactly when the founding meeting will take place, but I assume it will be soon. I don't believe I would be able to attend if that is the case simply because I was just there for a week last month, and even though I could find room in my budget for the trip, I still work (not retired yet), and my vacation day "budget" probably won't allow it.

Can anyone else add anything further?

Thanks,

jogetz

 
Posted : June 9, 2008 6:33 pm
Bombi
(@Bombi)
Posts: 2104
Noble Member
 

We don't have a HOA but a Road association to care for and pave the roads in our Subdivision. There are @70+ lots and evry land/lot owner is charged a maint fee.If they don't pay we lein them after 2 years. The deeds for the lots have covenants which loosely set rules for what can happen. Out of the 70+ lots only @12 are built on. Our members are contacted once a year. They get a bill for maintenance and a proxy ballot to vote on anything that needs to be decided. It's been working well for 6 + years.

 
Posted : June 9, 2008 7:32 pm
 trw
(@trw)
Posts: 2707
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i would love to see a HOA here in Lavallee,but i fear the resistance from the people that live over in the Village would be too great, there are probally close to a 100 junked cars over there mixed in with all the overgrown bush, i feel sorry for all the people who live above that area and have to look at all that crap everytime they look at the sea.

 
Posted : June 9, 2008 8:05 pm
(@afriend)
Posts: 528
Honorable Member
 

As a "homeowner" you will have a "say" in how the HOA is set up and established (assuming the HOA has not yet been established at the time of your land purchase) . It's a complex procedure but normally the group forming the HOA hires an attorney to draft the By-Laws that establish how the HOA will operate. These are then circulated to the homeowners for comments and/or approval. Once approved, the HOA is formed and the Board of directors is elected. The Board then drafts up the Covenants, Conditions and Restrictions (CC&R's) that will govern the specifics of what is allowed within the Association's boundaries. These are then circulated to the homeowners for comments and/or approval. During each of the above processes it is not unusual for the organizers or Board to hold "open" meeting to get input from the homeowners. Once the CC&R's are adopted everyone in the HOA must abide by the established guidelines. Annual meetings are required to be held to review the HOA operations and to vote on budgets or changes to the By-Laws or CC&R's. The By-laws will govern the frequency of any additional meeting, how many homeowners must be present to form a quorum, how many votes are necessary to either pass or reject a proposal, etc.

A homeowner can attend the meetings in person or by proxy to vote on any matter or proposal brought forth to the Board for consideration. As an absentee owner, more than likely you will do you voting by proxy.

From you post I gather the formation process is someways along so you probably can't object to anything that "been approved" already. You would only have a say in anything that takes place after you acquire title to the property and become a " voting homeowner". Your vote does count so it's in your best interest to be thoroughly familiar with all pending matter before you actually cast your ballot.

 
Posted : June 9, 2008 9:41 pm
 trw
(@trw)
Posts: 2707
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and so which lawyer would have the best experience establishing a HOA on STX, say i wanted to try and do this here in Lavallee,who would i contact?

 
Posted : June 9, 2008 9:44 pm
(@cruzkandy)
Posts: 95
Trusted Member
 

trw I thought that there was a HOA for the Lavallee area. Which area does the Cane Harbour Homeowners’ Association cover?

 
Posted : June 10, 2008 1:46 pm
 trw
(@trw)
Posts: 2707
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not sure,i've owned the house since 2000 and we've never heard of one, maybe cane bay has one,i seem to remember something like that when mosler chased joe and vickie out of the can bay beach bar

 
Posted : June 10, 2008 2:23 pm
(@jogetz)
Posts: 65
Trusted Member
Topic starter
 

Afriend,

Thanks for your very thorough response. At this point I believe the HOA filing that is taking place is just a basic filing to establish the HOA's existence. I don't believe any guidelines have been set up as to how it will function. It appears that its just some type of a "bare-bones" filing right now.

With your response as well as the others, I am a lot more at ease as to how accommodating these associations can be for those who own property, but who are not actually living on the St. Croix. They are positive signs that a neighborhood is getting serious about its upkeep and appearance, and it is a big advantage to have one available. I am looking forward to sharing the responsibility and just want to make sure that I am able to provide some input as to how I would like it to function for us "mainlanders".

Thanks again.

jogetz

 
Posted : June 10, 2008 3:49 pm
(@terry)
Posts: 2552
Famed Member
 

I had a neighbor renting the condo above while ha was getting ready to build a "dome house" on his property. His HOA turned down his plans, and he is selling / maybe sold by now the property. Don't ASSUME anything.

 
Posted : June 11, 2008 1:01 am
 trw
(@trw)
Posts: 2707
Famed Member
 

was this the east end? i ran into a guy a while back that wanted to build a dome home and he ran into problems with the inspectors, he tried to pay them off and was told his payoff was not enough, czm told him to put up the fence thing and he did and he made it longer than they required and they fined him and thats when the whole bribe thing happened and so he said the hell with it

 
Posted : June 11, 2008 1:56 am
(@terry)
Posts: 2552
Famed Member
 

It was the East end by Divi, but I was told it was the HOA by him and one of his neighbors. The neighbor said their main objection was the colors his wife wanted to paint it more than the dome. There may have been other issues as well.

 
Posted : June 11, 2008 2:06 am
(@Linda_J)
Posts: 3919
Famed Member
 

That's the good and the bad about any HOA. They maintain standards -- whose standards is both the question and the problem.

 
Posted : June 11, 2008 7:41 pm
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