0
Read your governing documents to determine how and when the association can be dissolved. Usually, dissolution can be achieved in the case of total destruction.
Otherwise, you will require the services of an association-savvy attorney who may be able to help you figure out how to carve up all the real estate assets that all the owners own in common, so that they can be sold separately.
Your solution, however, is not truly practical, since carving up ownership percentages of a pool, a health spa, the landscape, the Golf course, the roadways -- whatever assets your HOA includes -- isn't really feasible. Also, because of the layout of the HOA, finding a separate buyer for these assets isn't realistic either.
Best practices dictate resolving the issues that cause disagreements and work together to turn the HOA into a fully functioning, effective business according to your state law.
Another PerspectiveIn some cases HOA are in place simply to enforce restrictive and protective covenants and rules and regulations that form the guidelines for single family homes in a cluster development. In some cases the HOA owns some common areas in the form of green spaces. They govern such matters as landscaping, fences, pools, architectural styles, siding materials, pesticides, etc. Once the developer has conveyed all the lots the HOA belongs to the lot owners. If every lot owner signed their consent they could vote to rescind the requirement to have a HOA. I have seen one such example where the development was ringed by a green buffer zone of common area. The HOA conveyed that buffer zone to each abutting lot owner by extending the side lot lines and dissolved the HOA.
The HOA must consult with an attorney who can review the documents that created the community as well as the license and permits to determine if dissolution is possible.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
Can a developer be in charge of the HOA?
If the community/development is still under construction, it is VERY customary for the developer to control the HOA. Usually it is only after the developer has finished building the community that he relinquishes his interest in the community to a totally elective body.
How much does community manager for an HOA earn in CA?
Your answer certainly depends on your qualifications, the size of the association and your responsibilities as a community manager.
You live in a gated community but your HOA hasn't closed the gate for months The HOA fee hasn't changed What can you do?
I suggest you contact the members of the HOA board. There is no law that the gate must be closed, or that the dues must be lowered if the gate remains open. Check the covenants to see whether there are any provisions about the opening or closing of the gate. You may have to attend the next meeting of the HOA to discuss the issue. Remember that being involved in the HOA makes your community a better place for everyone.
Can a homeowners' association force owner to pay fees that were collected by former homeowner association?
Your question sounds like there was an original HOA, which was superseded by a new HOA. Every HOA collects assessments to operate the community, and as an owner, your governing documents define your responsibilities to pay and the association's responsibilities to collect assessments. The new HOA has its own form of assessments, regardless of the form of assessments paid to the original HOA.
Are HOA dues included in escrow?
Owners pay HOA assessments, in monthly or in annual payments. These payments are the revenue source for the operation of the community. Past-due assessments in escrow may be paid to satisfy a lien.
Can you legally remove yourself from a HOA?
This depends on the CC&Rs, Bylaws and other governing documents of the HOA you are trying to get out of. Odds are, you can't get out for any reason other than by the approval of a majority of the homeowners in the association. An easier way to get out of a HOA is to sell your home and buy another home not governed by a HOA.
Can a Homeowners Assn have an insurable interest in a fence on property fence not on the common ground of the HOA?
Yes, a Homeowners Association (HOA) can have an insurable interest in a fence on a property that is not on the common ground of the HOA. The HOA is responsible for maintaining and enforcing certain rules and regulations for the entire neighborhood or community, which may include the maintenance and insurance of fences on individual properties. It is important to review the specific bylaws and governing documents of the HOA to determine their insurance responsibilities.
Can a renter be the president of a HOA?
Yes, a renter can technically be the president of a homeowners association (HOA) if that is allowed by the HOA's bylaws or governing documents. However, it is more common for the president to be an owner of a property within the HOA, as they typically have a vested interest in the community. Ultimately, it depends on the specific rules and regulations outlined in the HOA's governing documents.
You didn't buy your home subject to a HOA but now your neighbors want to establish one. What are your rights?
You have the right to evaluate their proposal -- the pros and the cons -- and make your decision. Forcing you into an HOA may require a court order. It would be easier for the community to grand-father your future owners into an HOA, and again, this may require a court order. Once you have copies of your options, you can consult with a common-interest-community-savvy attorney who can better help you understand your particular rights in this particular situation.
One of the chief goals of the European Community is to?
eliminate trade barriers
Can a person visit the gated community of Rancho Murieta?
The only way to determine this is to contact the security company or a member of the HOA for information.
Are HOA fees charged on empty lots in a community?
Read your governing documents to determine when assessments can begin, who pays them and so forth.
