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Can subdivisions elect out of HOAs

If there is an entire subdivision that wants to vote itself out of the HOA, is there a way to do so? Our CCRs say it takes a simple majority to change any provision in the CCR but does this include opting out of the HOA?

1 Response

  1. dennisl

    Lee,
    Even without reading your specific CC&R’s I would safely say no, this is not possible. The covenants were created for the entire community and apply to the entire community. Most is not all CC&R’s have provisions for how the association can be disbanded and the Covenants revoked for the entire community. Those provisions usually require a large percentage of the community to approve such a move typically in the 80% range.

    The actual answer to this question would have to be found in the details of what exactly is contained in your specific CC&R’s, and would be very dependent on the common property contained within the portion of the community that wants to secede from the HOA. For example if the association owns the streets if you were able to secede the association could install toll booths where all of you would have to pay every time you used their streets.

    In general Property Servitude law would require the super majority vote of the community and the establishment of some provision for the distribution and ownership and maintenance of the common property.

    This is not easy and why to my knowledge has never successfully been accomplished except where the city agreed to take ownership of the common property and add a special tax to the community to pay for the maintenance and upkeep of that property.

    Dennis

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