Sometimes the HOA owns the facilities, and sometimes the Developer or another private investor owns them, but has a voting interest in the termination process. Privately owned water and sewer utilities or wells can be another concern. The land often becomes an attraction for four-wheelers and dirt bikes, an unauthorized campsite, or a dumping ground that poses health and safety concerns. Homeowners often lose in this battle, because the alternative to redevelopment is abandoned land and facilities that fall into a state of unsightliness. Inevitably, a new developer wants to make a profit, but adjacent homeowners want to retain their view lots or privacy. The rezoning process can be a messy one that often spans months or years. Then there are times when the land is sold to a new developer, to be rezoned for more homes, single or multifamily, often to create another unnecessary HOA, with a small contrived common area. If the city cannot cover its operating costs, the course may end up being resold or closed. If the city purchases the golf course, it becomes public property, and that may increase traffic in the neighborhood, particularly if the community was once gated with private roads. Stories of abandoned courses are becoming more common in the US, including golf courses that end up sold to the county or city by default, and then converted to green space. Unused golf courses can be a big albatross for some communities, as they are costly to maintain, and there are not enough golfers and buyers for golf course businesses. Quite often, however, the local city, town, or county is unwilling to acquire property that would require extensive maintenance, repair or upgrade, particularly in the case of recreational facilities. These are relatively easily relinquished to the county, city, or perhaps private owners with adjacent lots seeking more yard space. Some HOAs have minimal - what I call contrived - common areas: an entry wall and a light pole, or perhaps a single retention pond or a small, unusable strip of lawn. In the case of a condominium the entire multifamily structure, one or several buildings, are common areas, with owners’ financial interests decided in the plan of termination. This is the tricky part, and can be exceedingly difficult for larger planned developments with elaborate recreational amenities or private roads. Some HOAs will require unanimous consent for dissolution, and others might require a majority or super majority (80% is somewhat typical).īefore the HOA can be officially terminated, it must somehow dispose of its common areas. The governing documents of each particular HOA must be carefully reviewed for the process, and the percentage of votes required. In general, in order to officially terminate the HOA, unit owners and other interested stakeholders must agree by way of voting. Sometimes developers, landowners, and/or lien holders must also consent to the terms of dissolution, also known as termination, and each interested party will be represented by legal counsel. The process always involves at least one attorney with specialized knowledge of real estate law, corporate law, and with knowledge of community association law. The complexity of the process depends on the nature of the community and the people who own the property. That generally involves legally dissolving the corporation, but the process is not easy or straightforward by any means. The short answer is yes, it’s theoretically possible to put an end to your HOA. While I am not an attorney, I have reviewed many publicly available attorney summaries, and have participated in several discussion forums on this very topic. Do a Google search on “HOA dissolution” or “condo termination” or even “how to get rid of HOA” to read some of the finer details. The issue of terminating or dissolving existing HOAs (including Condominiums) has been discussed at length on various attorney web pages, blogs, and news articles. There is a chapter in the book just for HOA's. If you are in a HOA and you need to know more about Robert's Rules of Order, click here. Un Guia para Sessiones Effectivas - in Spanish Special DVD and Book - DVD: Parliamentary Procedure Made Simple: the Basics and Book: Robert's Rules of Order: Simplified & Applied 3rd Edition 2014 Roberts Rules of Order in Spanish & English Robert's Rules of Order in the Courts (Law Cases) Parliamentary Procedure Made Simple: the Basics McMinutes: A Training Manual for Secretaries How to Conduct a Meeting, Taking & Writing the Minutes, Robert's Rules of Order: Simplified & Applied Robert's Rules of Order: Simplified & Applied 2014ĭynamic Video & Book Combination - How to Conduct a Meeting
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