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At what point can a HOA be dissolved?

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Ichinisan said:
Maybe nothing has been done about the violations because your neighbors are all cool with it and never complained to the HOA...?
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Yeah I have heard about crooked judges who say if nothing was ever said or done about shady HOA's then its considered standard operating procedure and then the victims lose in court because they say that means they have accepted it as it was.

Judges like that need to be cited for dereliction of duty/due process
 
HOAs can disolve in a good Acid bath. Its certainly illegal however, since the HOA board is probably made up of Humans, thus, the acid bath would constitute murder.
 
VtPC83 said:
Review your HOA contract, find what they aren't doing that they should be, start recording it, bring your findings to a lawyer, sue them.

This will result in a new HOA board that actually does something or a dissolving of the current HOA.

A HOA is a contract between the community, it has legal merit and can also be contested.
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That. You can't get rid of them just because you want them gone, but if they're breached their own contract it should be easy.

And yet, I'd still recommend against it. Stick with the devil you know, as HOAs go you've got it good. If you manage to dissolve this one for not enforcing the rules you're opening up a whole different can of worms with a new HOA that will go off the deep end enforcing every letter of every rule.
 
GagHalfrunt said:
That. You can't get rid of them just because you want them gone, but if they're breached their own contract it should be easy.

And yet, I'd still recommend against it. Stick with the devil you know, as HOAs go you've got it good. If you manage to dissolve this one for not enforcing the rules you're opening up a whole different can of worms with a new HOA that will go off the deep end enforcing every letter of every rule.
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If I were to do anything, I would want the covenant rescinded and removed from my deed completely.
 
BurnItDwn said:
HOAs can disolve in a good Acid bath. Its certainly illegal however, since the HOA board is probably made up of Humans, thus, the acid bath would constitute murder.
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If you build a robot and make the robot do it, then it becomes an industrial accident, and if the robot is then immediately sent to the landfill after the fact, it is now property of the city. :hmm: :twisted:
 
In the by laws of our HOA there is a procedure spelled out for getting rid of the HOA, but good luck getting the quarum necessary to do so.
 
Read the CC&Rs, it will be in there, but typical for amending them is 75% approval, and not of those voting, but total owners.
 
Whenever they try to enforce you to put chemicals in your lawn, or plant some non-native shit-ass grass, I say tell them to go pound sand.
 
Squisher said:
In the by laws of our HOA there is a procedure spelled out for getting rid of the HOA, but good luck getting the quarum necessary to do so.
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This. Any option to disband the covenants will be found within the covenants. Our neighborhood had a campaign to disband the HOA led by a disgruntled homeowner. The tact she took was the HOA covenant amendment process. The amendment she tried to get passed was to strip all powers of the HOA. It required 66% of the homeowner's signatures and I think she got about 5% (of 270 homes).

Side note: How are we 35 posts in and someone finally mentions, indirectly, to read the covenants?
 
Another thing you need to think about is this. Is the HOA in an unincorporated area? Because around me, they are all in areas where the county would otherwise almost completely ignore things like the height of grass in the yards, for instance. And dissolving that HOA completely with nothing to take its place might do a lot more harm than good to your property values when empty lots that are left unbuilt around you are not maintained, fences, ect. And without an HOA slush fund for the builders to use, then the builder or owner of the empty lots has to maintain them without assistance from an HOA slush fund.
 
It can also depend on how far along the development is. In my area there are a couple that have not done well and are on some nice lots. I looked at buying a lot but because of the "lack of development" the HOA had not been taken over by the community. There was something in there that said 75%of the lots had to be sold before the HOA took over.
 
Mixolydian said:
Why?
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I was wrong, I just checked. Our taxes pay the lighting.
We had a large chunk go to light fixtures a while back that I saw in our newsletter. It was a one time purchase.

Looking over our expenses in the newsletter, it is 60% landscaping/signage for all the common areas and entryways, 25% pool and club house.
 
First thing to consider in any legal entanglement with a HOA is that any lawyer that ever takes a case in opposition to any HOA will never work for another HOA again, so lots of luck finding a lawyer that knows HOA law and is willing to take your case.

Second thing, CC&R's are boilerplate law hashed out over the last 60 years, don't expect to find any loopholes or advantage in them.

Second thing part B, the HOA knows its going to win and you will be liable for all costs. Once you owe them money you lose all community privileges and won't be able to sell until they are paid with interest.

HOA stick together, there are HOA associations for board members to share ideas and solutions as related to being board members. This includes dealing with "problem" owners, challenges to the board, etc.
 
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