Sage-Tips

Is it possible to dissolve a HOA?

In many jurisdictions, depending on applicable state law, the standard rule is that 80 percent of the members of the community must vote in favor of dissolving the HOA. Some association documents might allow dissolution with a simple majority or a 60 percent approval.

How do you overrule an HOA?

Members of an association owning five (5) percent or more of the separate interests may call a special vote of the members to reverse a rule change. A special vote of the members may be called by delivering a written request to the association.

Do HOA fees ever end?

Residents of an HOA community often find themselves wondering, “Do HOA fees ever go down?” While it is possible to reduce HOA fees, it does not happen often. These fees go towards keeping the HOA supported. Also, it’s often likely that fees will increase over time, as costs go up every year.

Are HOA fees forever?

HOA (Home Owners’ Association) fees are as long as you, the home owner, belong in the association, ie as long as you own the home. The only way you can escape the fees (and the tyranny of the HOA) is by selling up and moving on. Or if the HOA broke up through its own mismanagement and became unable to collect the fees.

What happens when HOA falls apart?

“Typically, what happens is the other board members or property managers will say, ‘You can’t resign; we don’t have anybody to replace you. “The result is that the same board members continue to stay on the board,” adds Moskowitz.

When to dissolve a homeowners’ or community association?

Dissolving a Homeowners’ or Community Association (HOA) There might come a time when the homeowner members of the community, who in most instances also serve as the volunteer board members of the HOA, feel that it no longer makes sense to maintain this legal entity. By Ilona Bray, J.D., University of Washington Law School Updated: Apr 9th, 2015

Is an HOA a legal entity?

A homeowners’ association (HOA) is a legal entity, with a separate identity from its collective homeowner-members. Depending on state laws, an HOA is usually either a corporation or a nonprofit organization, and as such must comply with state law regarding both formation and dissolution.

Is it possible to get rid of an HOA?

But no more threats from an overbearing, dictatorial HOA. Getting rid of your HOA generally entails more than administratively dissolving the corporation. That’s because, dissolving the private legal organization doesn’t dispose of the homeowners’ joint responsibility to pay for maintenance of common areas.

Do you need consent to dissolve An Hoa?

And the local government might have imposed a requirement that its consent be obtained before dissolving the HOA. After you get the consent of the required number of homeowners, you must address the specifics of closing down the legal entity of your HOA.