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Mandatory Homeowner/Property Owner Associations

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Two basic kinds of associations represent homeowners. One is largely for social purposes and the other for managerial purposes. It is possible for one to do both things. Organizations may choose any name they want as long as the Secretary of State says that such a name is available. Membership is voluntary in exclusively social organizations. Such groups may be called Civic Associations. Membership is mandatory in  associations organized to manage a subdivision. Such groups may be called a Homeowner or Property Owner Association.

Voluntary Civic Associations

The Voluntary/Civic Association can come into existence in any kind of residential neighborhood. It is a band of neighbors who voluntarily join to do things to develop and improve their neighborhood. Typically, it will put out a newsletter, sponsor social and charitable events, publish a Directory of its Members, promote beautification projects such as "Garden of the Month", etc..

It may be incorporated, have bylaws, provide for a board to manage its affairs, conduct elections for these positions, and have general meetings. Such organizations hope by their good works that non-member neighbors will see their value and join them.

They set their own dues and, of course, paying those dues is voluntary.

Mandatory Homeowner/Property Owner Associations

These associations ordinarily are created by a neighborhood's developer prior to selling any property in the subdivision. The developer will establish a set of restrictions that govern many things, such as, architectural design, construction of fences, pools, etc. The restrictions can be enforced legally. They may set mandatory fees and provide a means to collect them.

These fees may be used for many things, but typically to "maintain the common areas" of the subdivision for the benefit of all. At some point, the developer will incorporate the Homeowner/Property Owner Association, transfer the common areas to it, and consign the subdivision's management and enforcement of restrictions to the new organization. All property owners in the development are mandatory members of the Association, have a right to vote on the association's activities and elect officers and a board.

The Mandatory Association's Articles of Incorporation may provide for either the board or the full membership to set fees. However, the board, as the executive organ of the Association, has the responsibility to collect them.

Azalea Lakes Subdivision Association * 17706 Lake Iris Ave * Baton Rouge * LA * 70817 * 225-395-9299

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