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Combine two HOA’s

I am looking into whether two adjacent HOA’s could be combined into one. one HOA is mostly park models and one is stick built homes. Everyone in either HOA says no you can not combine them, but where would I find the resources for a definitive answer to that question?

1 Response

  1. dennisl

    Gerard,

    HOA’s are established by the developer that originally owned the land. If both developments were developed by the same person and that person identified that the adjacent HOA could be annexed at a later date in both original CC&R’s than they can be combined, as an amendment to one set of CC&R’s, and those CC&R’s would then be applied to both communities. Essentially making one community where the common expenses will be shared by all.

    Otherwise they cannot be combined unless the communities vote to abolish the individual CC&R under the requirement of their respective CC&R’s and terminate the respective associations. The homeowner can then vote to create a new planned community under a new set of CC&R and a new name that combines both communities.

    Why any two communities would want to do such a thing is a mystery to me and far too much work for very little gain.

    While what i explained seems simple it is quite complicated and would have some legal ramification as to the approval requirements for the new community. Some (including me) could legitimately argue that it would take the unanimous consent of all homeowners to form and subject all homeowners from both communities to approve the new covenants for this combined community. While it does not take unanimous consent to terminate the existing communities the creation of a new set of covenants and subjecting all homeowners in both communities would. If your communities are considering such a move i would highly recommend that you get experience legal counsel to guide you thru the maze of such an action. This will not be cheap.

    Dennis

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