How do you set up a Homeowners Association?

You can work with an association-savvy attorney to help you develop an association.

Be aware, however, that the association establishes land-use covenants and in that sense, may require a 100% positive vote from all affected owners.

Homeowners Associations are set up by a developer, prior to the sellout of any portions of the planned development or condominium, while she still owns all the land that will be affected. To set up a Homeowners Association for a community that is already in existence would require the consent in writing of every person who has any ownership interest in any unit or lot that you want to be covered by the HOA. That can be an enormous task.

The signed consents must clearly identify the portion owned by each signer (unit or lot number and address) and must be recorded in the land records. A single document of consent could be recorded if signed by each owner with their unit or lot number and address clearly shown by their signature. Joint owners would both need to sign as well as any person with a life estate.

This would be a complicated and time consuming task and must be done correctly. You would need to consult with an attorney who specializes in representing developers and who could draft a proper instrument for your jurisdiction and ensure that every owner signed.