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| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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EllenS
(Virginia)
Posts:5
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| 06/14/2006 6:43 AM |
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| There is a house completely located outside of the community which has its separate entrance etc. They are requesting to withdrawal from HOA since they don't benefit anything from the fees they have been paying. Can they do that? How should we consider issue like this and what are the consequences about withdrawing? Thanks for your advice. |
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RogerB
(Colorado)
Posts:3726
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| 06/14/2006 7:44 AM |
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| Ellen, yes they can make a request to withdraw. Based on what you stated I don't understand why the lot was included in the HOA. The decision is up the HOA in accordance with your Declaration - read it to get your answer. If the Declaration is silent on this and there is no HOA objection, then I would suggest the owners of that house hire an attorney at their expense and remove them. The consequences would be loss of revenue from that lot. |
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Roger Borcherding
Official HOATalk.com Sponsor
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GeraldT1
Posts:0
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| 06/14/2006 12:24 PM |
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| Ellen - The questions I have are as follows: 1)What services does the association provide? 2)Why is it the owners do not benefit from the services the association provides? Meaning, even though they have a separate entrance, etc., is it the owners choice to not utilize the services, or are the services not provided to the owners? Let's say the association provides snow plowing, or lawn maintenance. If it's the owners that choose not to utilize the services and the association somehow agreed, that sets a dangerous prescedent. What is to prevent other owners from withdrawing and creating a revenue loss? Let's say the association has a pool and any owner just chooses not to use it. That is their choice and should not warrant a withdrawal request and adversely affect the association fee contribution. If the association has aggreed to not provide services to the owners I'd suggest reversing that decision. GeraldT1 |
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HaroldS
(Arizona)
Posts:904
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| 06/14/2006 1:13 PM |
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I think I can relate. In our HOA we have 14 homes (out 0f 134) that face a major street with non-HOA homes across the street from them. Those are their "neighbors." Our "amenities" consists of a drainage basin - period - which is several blocks in from those homes. There is absolutely no reason for these 14 homeowners to ever enter the HOA. Consequently these homes are the forgotten "orphans", and what is so funny is that if they were to completely organize, they would represent a quorum. There have been grumblings from some of them about "paying for nothing" so I expect that a secession will erupt sooner rather than later. And indeed, they are paying for nothing.
The developer placed four homes on that street with their back yards facing the street, and they are members of the community. But by putting the other 14 facing the major street allowed him to cram more houses into this development without any thought or concern about isolating these folks from a community they are forced to pay into. Harold |
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EllenS
(Virginia)
Posts:5
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| 06/15/2006 6:32 AM |
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| Yes. The withdraw has been made. The board members' decision is that they cannot grant it at this time due to some legal issues involved which needs to be found out by the owner through consulting/hiring a lawyer. I will check the Declaration to see how it states. Thanks for your help. |
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EllenS
(Virginia)
Posts:5
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| 06/15/2006 6:44 AM |
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The fee of HOA main covers maintenance of community overall appearnace which the house is not located in, mowing grass for the houses who have septic field which are kind of a bit away from their house, septic field maintenance every five years, and then snow plowing for the road inside of the community.
The house has septic field but is part of the backyard. So it is not being current mowed by HOA. It is located right near a small public road with its own long drive way. There is no snow plowing current made on the long drive way. The owner has requested to cover the lawn and snow maintenance, but it was not granted. It is really a situation paying the expensive fees for nothing. Thanks. |
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EllenS
(Virginia)
Posts:5
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| 06/15/2006 6:46 AM |
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| Yes. We have very similiar situation. Thanks. |
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