💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RJ2 (Washington)
Posts: 4
Posted:
OK folks, in a nutshell. Several of the new owners in our 11 home residential community (out of city limits, homes 10 years old, 5-10 acres) convinced a majority to essentially dissolve the CC&Rs. Not sure how they swayed some of the original owners but they did. We had only had yearly meetings but met stiff opposition from a handfull of folks that did not want to pay dues but to take care of maintenance as needed. We now are seeing what I warned everybody about. The newest owner has chickens running about, and, goats and a "pig" in a small pen by the main road.. UGGH.. These are nice homes, was a very nice community, but as normal I'm sure.. we had a handfull of folks that didn't want to stand up an official HOA. All are seeing that it was a mistake to completely dissolve the CC&Rs (with the exception of an annual road maintenance meeting). Is there any way we can reverse the change, or, any other legal recourse to stop this joker from essentially starting a farm in a former residential community? Frustrated
RJ2 (Washington)
Posts: 4
Posted:
Another question on the same topic. One of the homeowners house was in the process of being foreclosed. They have since moved. Should they have been allowed to vote on anything concerning the HOA/CC&Rs?
TimB4 (Tennessee)
Posts: 21,047
Posted:
If you removed the deed restrictions there is no way to force someone to the deed restrictions back on the property if they don't want to. This is standard contract law - must have each side to the contract to agree to it.

If the road maintenance document is part of the deed restrictions, it may be possible to amend them IF there is a provision in the document on what is needed to amend.

You going to have to take all the documents to a local lawyer versed in contract and real estate law to get your answer.
TimB4 (Tennessee)
Posts: 21,047
Posted:
Quote:
Posted By RJ2 on 12/08/2011 2:44 PM
Another question on the same topic. One of the homeowners house was in the process of being foreclosed. They have since moved. Should they have been allowed to vote on anything concerning the HOA/CC&Rs?

Don't know. This would depend on the language in your governing documents.

Some governing documents allow the board to remove voting rights of a member not in good standing. However, if the Board never made a motion to do this at a board meeting, they would have been allowed to vote. If the language provided that voting rights were automatically removed, then no.

It also depends on what the vote was about. If you were abolishing the CC&Rs vs. amending them, I would think that as a party to the contract they would have had a right to a say in it.

RJ2 (Washington)
Posts: 4
Posted:
I'm sure you're correct. I'm looking for some magical loophole to reverse wehat has occurred, i.e., John XXXXX's house was in foreclosure, therefore, his vote did not legally count as the deciding (70%) vote to alter the CC&Rs. The whole thing was really ugly as the original 5 homeowners (myself included) were excluded from this back door mission. Thanks.
BrianB (California)
Posts: 2,820
Posted:
Did you have any common property? What did you do with it when the HOA was dissolved?

You still have roads, correct? Who pays insurance on that? Repairs?
RJ2 (Washington)
Posts: 4
Posted:
Common property is only the paved, dead end access road. The CC&Rs which were once a full document governing all the normal items was "amended" to only say the homeowners would have an annual meeeting to discuss potential road maintenance needs. Nice huh. There were three owners that made all this happen by convincing the others (behind our backs by the way) to merely sign an agreement to essentially kill the rest of the CC&R language. From what I understand, they used scare tactics on what the original 5 homeowners intentions were (believe they told the rest that we were gonna enforce the rules to the T, and, demand dues) which is somewhat correct. We needed to start collecting dues and ensure that new owners didn't do anything crazy with their property, which incidentally, has come to fruition
DebbieC2 (Florida)
Posts: 4
Posted:
Depends on the zoning. If it is not zoned for pigs, etc. call the county zoning department.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here