Ah, the HOA bylaws! Fun stuff!
A successful, happy community depends on shared agreements between neighbors…especially when there are over 100 homes! We have prepared a draft of Alegría’s HOA bylaws, which you can download here to review in detail.
It’s a dense 26-page document, so we also did our best to best to pull out some of the main points to give you a quick overview:
How will Alegría Village be governed?
Alegría will be governed by an HOA. The HOA agreement will be written by the founding partners and managed until 51% of the lots are sold, at which point community governance will be passed to the HOA board, which will be made up of elected community members.
Who makes up the governing body and how are decisions made?
The Condominium Owners’ Meeting is the highest level of authority of Alegría on decisions on matters of common interest brought to its attention and includes all Alegría lot owners. The Board of Directors constitutes the second level of authority for the Community and is elected by The Condominium Owners’ Meeting. The Board of Directors shall appoint an Administrator responsible as the third level of authority for the Community.
The powers of the Condominium Owners’ Meeting are:
Appoint, remove, or reappoint the members of the Board of Directors and to give any and all additional powers conferred by the present rules.
Review the report of the Board of Directors for the past year, and approve or deny this report.
Approve or disapprove, as appropriate, the budget of common expenses submitted by the Administrator for the coming year and the responsibility of each individual lot owner in regards to those expenses.
Authorize repairs or improvements that may be required or requested.
In short, decisions are made by vote during the annual Condominium Owners’ Meeting. Depending on the type of decision being made, it will require a unanimous vote, 2/3 vote, or majority vote to pass.
How much are HOA fees and what do THEY cover?
HOA fees at Ecovilla range from $150-300 depending on lot size (based on sq meters). We anticipate the HOA fees at Alegría to be very similar. The monthly fee includes infrastructure for electric and fibre-optic internet, water service, trash/recycling/compost collection, weekly basket of fresh produce from the farm, maintenance of all common spaces (yoga, common building, pool, multi-purpose/coworking space, farm), maintenance of roads, hiking & biking trails, maintenance of food forest and communal orchard, and security. Also, because of the increased size of Alegría, compared to Ecovilla, there are opportunities, such as commercial farm produce, event sites, educational retreats, etc. that can generate income and reduce monthly dues.
What are the basic regulations outlined by the HOA?
The HOA bylaws outline guidelines for maintaining a happy, fair, peaceful community. Here is a high-level summary of what it covers:
Maintenance of common areas
Calculating monthly fees
Use of common areas
Lease of personal property
Road rules, speed limit of 20 mph
Processes for violations
Governance & administration
Sale or division of lots
What is the process for amending the HOA once the community is fully built?
The HOA bylaws can be amended at an annual Condominium Owners’ Meeting or an Extraordinary Condominium Owners’ Meeting with a unanimous vote by all Condominium Owners.
Who manages the HOA?
The Board of Directors will appoint an Administrator to manage the HOA meetings, process, budget and maintenance. The Administrator may be a natural person or legal entity, owner or not, who will take over the common areas and have unlimited general power of attorney in accordance with the powers set Article 1253 Civil Code, to be the legal representative of the Condominium Owners’ Meeting. The Administrator shall be appointed by the Board of Directors. The appointment of Administrator is for a period not to exceed three years defined by the board. The Administrator may be extended beyond 3 years as approved by the board. The Administrator is responsible for the administration of Alegría, the guidelines included in this agreement, and may be removed from office by the same vote as to the agreement of their appointment.