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Old 02-12-2008, 07:29 PM
 
6 posts, read 24,192 times
Reputation: 11

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My street which includes about 25 homes is included in a HOA that is about 1/4 mile down the road. THe 2nd phase of our neighborhood is not included in the HOA. This section has about 37 homes. We would like to remove ourselves from the HOA across the street and form our own. Our 2nd phase does not need to be included but it would be nice.

Is it a possibility to remove ourselves from the HOA and how much would it cost. If the current HOA is ok with us leaving what else do we have to look out for. We pay all of this money to the HOA and it goes to keeping up the grounds for the larger neighborhood. We would like to use our money to build a playground, pool or something that benifits us.
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Old 02-12-2008, 10:22 PM
 
Location: Cary, NC
43,264 posts, read 77,043,330 times
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Quote:
Originally Posted by kingmb08 View Post
My street which includes about 25 homes is included in a HOA that is about 1/4 mile down the road. THe 2nd phase of our neighborhood is not included in the HOA. This section has about 37 homes. We would like to remove ourselves from the HOA across the street and form our own. Our 2nd phase does not need to be included but it would be nice.

Is it a possibility to remove ourselves from the HOA and how much would it cost. If the current HOA is ok with us leaving what else do we have to look out for. We pay all of this money to the HOA and it goes to keeping up the grounds for the larger neighborhood. We would like to use our money to build a playground, pool or something that benifits us.

There is no question about it:
You need to consult a real estate attorney to help determine if/how you can extricate yourselves from one HOA, and then be annexed into another.
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Old 02-13-2008, 05:02 AM
 
Location: Wake Forest
2,835 posts, read 7,339,535 times
Reputation: 2052
OMGosh! Mutiny on the high Streets!!! Extricating and annexing! MikeJ I love it!!!!!

In all seriousness dissolving an area from the current HOA is no easy matter and you are correct it is best left up to an estate attorney. I'm sure there are many not happy with their HOA so it is EXTREMELY important to READ those HOA covenants PRIOR to purchasing that MUST HAVE home in that MUST LIVE neighborhood. If for any reason to avoid the OMGosh we can't do what on OUR property.
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Old 02-14-2008, 10:02 AM
 
1,484 posts, read 4,154,484 times
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Default to start

you will need a majority vote to even start the process and yes a lawyer. If you have any common space in your phase that has taxes on it paid to the county that will have to be thought of. Yes it can be done.
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Old 02-14-2008, 10:05 AM
 
Location: Cary, NC
43,264 posts, read 77,043,330 times
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Quote:
Originally Posted by ducter View Post
you will need a majority vote to even start the process and yes a lawyer. If you have any common space in your phase that has taxes on it paid to the county that will have to be thought of. Yes it can be done.
I'm not sure that a majority vote can override dissenters who have a deed that includes them in another HOA.
Of course the facts are detailed in the recorded HOA Declaration(s).

Further, is the majority of the HOA that the OP wants to join in agreement with the desire to join?

Ergo, the need to start with an attorney.
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Old 02-14-2008, 12:02 PM
 
3,155 posts, read 10,752,811 times
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Quote:
Originally Posted by MikeJaquish View Post

Ergo, the need to start with an attorney.
Agreed, our HOA bylaws are written such that there has be a yes vote by every resident in order to disolve the HOA. Even "cookie cutter" neighborhoods don't have "cookie cutter" bylaws, thus an RE attorney is a good place to start.
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Old 02-14-2008, 07:33 PM
 
6 posts, read 24,192 times
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So if we can get the neighborhood across the street to agree then It will be a little easier. We have a HOA meeting comming up and all 25 homes are gonna show up and we are gonna try to take a couple of positions on the board. I have heard that nobody in the other neighborhood shows up to any of these meetings.

Another guy that lives in my neighborhood talked to a lawyer and said it might be easier since the back part of our neighborhood is not included in the HOA.
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Old 02-15-2008, 08:30 AM
 
9,680 posts, read 27,153,963 times
Reputation: 4167
Why not try to get completely out of HOA rule.
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Old 02-21-2008, 07:05 PM
 
6 posts, read 24,192 times
Reputation: 11
We had 2 people from our street elected to the board, most of the people across the street do not care if we get out of the association. I talked to a lawyer and a law was passed (2 years ago) that says 100% of the association has to agree to let us go.
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Old 02-29-2008, 07:04 AM
 
1,484 posts, read 4,154,484 times
Reputation: 739
Default try another lawyer

Quote:
Originally Posted by kingmb08 View Post
We had 2 people from our street elected to the board, most of the people across the street do not care if we get out of the association. I talked to a lawyer and a law was passed (2 years ago) that says 100% of the association has to agree to let us go.
I had a meeting 1 year ago with our HOA lawyer and he said that you need a majority vote and not 100% Try these lawyers:
Attorneys - Raleigh, NC - Full-service Law Firm, inc: Bankruptcy, Civil Litigation, Collections, Criminal, Family, Homeowners Association, Landlord-Tenant, Wills
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