Legal Question in Real Estate Law in Florida
home owners associations
how do i form a home owners association
1 Answer from Attorneys
Re: home owners associations
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If it is a voluntary association, then all you have to do is publicize your intended meeting to the prospective members and encourage them to join. You should incorporate your association with the Secretary of State's office. A mandatory association is generally formed by the developer of property and the requirement for membership is included in the deed restrictions. You cannot otherwise force owners to join an association if they choose not to, nor would their property be subject to any restrictions.
Scott R. Jay, Esq.