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Greensboro, Winston-Salem, High Point The Triad Area
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Old 11-14-2011, 12:44 PM
 
1 posts, read 7,856 times
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Can anyone inform me on the procedure to have a neighborhorhood HOA dissolved? The monthly dues are $18/mth., and it is simply used to keep the common areas mowed, to send out letters when neighbors do not mow their lawns, and MOST IMPORTANTLY to pay the management company $400 - $500, to manage a neighborhood with a little over 100 homes. We don't have a playground area, or any amenities which would validate an HOA, and many members of the community want it dissolved. Thanks in advance for any helpful advice.
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Old 11-14-2011, 01:19 PM
 
Location: Winston-Salem, NC
1,255 posts, read 2,102,900 times
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I assume you have no privately-owned street lights, and the roads are publicly owned...

What do the HOA bylaws say about dissolution?

Don't know if this is accurate, but this article says either 67% or 80% of members of the HOA must vote to dissolve.

in North Carolina, an HOA dissolution requires 80% of the membership as set by the state's General Assembly if the association was formed after 1999, but if it was chartered before that year, only 67% of homeowners are required to pass the termination vote.
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Old 11-14-2011, 06:45 PM
 
Location: Scottsdale, AZ
729 posts, read 1,468,856 times
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Quote:
Originally Posted by drapertjp View Post
Can anyone inform me on the procedure to have a neighborhorhood HOA dissolved? The monthly dues are $18/mth., and it is simply used to keep the common areas mowed, to send out letters when neighbors do not mow their lawns, and MOST IMPORTANTLY to pay the management company $400 - $500, to manage a neighborhood with a little over 100 homes. We don't have a playground area, or any amenities which would validate an HOA, and many members of the community want it dissolved. Thanks in advance for any helpful advice.

Congratulations on a wise move for your community. HOAs can deter many potential home buyers. Most towns and cities have code enforcement departments that will address neighbors with mowing issues, etc. As a former and possible future homeowner in W-Salem, I know from personal experience that city enforcement can work.
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Old 11-14-2011, 07:10 PM
 
Location: Winston-Salem
700 posts, read 1,435,703 times
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Default Lawyer up

Lawyer versed in this area of the law would be a beginning. How does the other 99 homeowners feel? More the better.
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Old 11-15-2011, 09:11 AM
 
Location: The Triad (NC)
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Who will be maintaining those common areas in the future?
And how will they get paid?
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Old 11-15-2011, 10:05 AM
 
Location: Winston-Salem, NC
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When an HOA is dissolved, who then owns the common areas?
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Old 11-15-2011, 04:54 PM
 
Location: North Carolina
572 posts, read 1,407,171 times
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Quote:
Originally Posted by drapertjp View Post
Can anyone inform me on the procedure to have a neighborhorhood HOA dissolved? The monthly dues are $18/mth., and it is simply used to keep the common areas mowed, to send out letters when neighbors do not mow their lawns, and MOST IMPORTANTLY to pay the management company $400 - $500, to manage a neighborhood with a little over 100 homes. We don't have a playground area, or any amenities which would validate an HOA, and many members of the community want it dissolved. Thanks in advance for any helpful advice.
Who's gonna pay the property taxes on the common areas once you dissolve the HOA? Who's gonna mow the lawn?
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Old 11-16-2011, 05:01 AM
 
Location: Winston-Salem
700 posts, read 1,435,703 times
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Sometimes what my be common areas are in fact public right a ways. But, these questions need to be answered.
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Old 11-18-2011, 09:45 AM
 
2,824 posts, read 3,347,033 times
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Quote:
Originally Posted by emelvee View Post
I assume you have no privately-owned street lights, and the roads are publicly owned...

What do the HOA bylaws say about dissolution?

Don't know if this is accurate, but this article says either 67% or 80% of members of the HOA must vote to dissolve.

in North Carolina, an HOA dissolution requires 80% of the membership as set by the state's General Assembly if the association was formed after 1999, but if it was chartered before that year, only 67% of homeowners are required to pass the termination vote.
There may also be creative ways to rid your property of the burden of the HOA corporation if the burden of expressly terminating the HOA corporation is too high. For example, you may be able to amend the restrictive covenants to eliminate mandatory membership. You could also impose an automatic termination date, etc.

The provisions for expressly terminating a "planned community" are set forth at NCRS 47F-2-118. The provisions for amending the declaration are set forth at 47F-2-117. It may be easier to amend the declaration (only requires 67% of allocated votes) than to directly terminate (80% of allocated votes).
Chapter 47F
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Old 09-22-2013, 09:57 AM
 
1 posts, read 6,394 times
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State: North Carolina. We would like to dissolve our HOA, (we have 67% of yes votes) which is only for lawn maintenance of the homeowners and nothing else. Our community is inside another community, which has an HOA. Our HOA is a non-profit Corporation and it is not responsible for any common area, streets, lights, etc. The declaration of covenants says: "each owner of any lot (homeowner), by acceptance of a deed for the owner's lot, whether or not it shall be so expressed in such deed to agree to pay the assessments."

The HOA bylaws, declaration of covenants, conditions and restrictions (filed with the Register of Deeds in in 1994) do not have anything about dissolving the HOA. What it says under the bylaws is: "Removal of Officers. Upon the affirmative vote of a majority of the Directors, any officer may be removed, either with or without cause, and his or her successor may be elected at any regular meeting of the board of Directors, or at any special meeting of the Board of Directors call for that purpose."


What are the steps we need to do to dissolve the HOA?

Thanks
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