New Homeowner's joining HOA

Started by ThomasG • 11 replies • 1985 views

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ThomasG (Pennsylvania)
Posts: 2

Posted:

I am on the Board of an HOA that contains 72 homes. These 72 homes were part of a larger construction project, but, for some unknown reason, were placed in a separate HOA.

We were recently approached by homeowners from the neighboring association asking if they could secede from their HOA and join ours since their HOA was not very active.

Has anyone ever heard of this? Is there a legal way this could be done?

Thanks for your assistance.

BillP8 (North Carolina)
Posts: 2

Posted:

What happened here did it ever go through?

hoatalk (California)
Posts: 599

Posted:

The HOA is a group defined by the recorded CCRs on the deeds and individuals cannot just choose to leave the HOA. However if all the owners of both HOAs agreed to merge and re-record CCRs, it can be done. A smaller percentage than 100% is also possible given your documents and state laws. What you are essentially talking about is merging two corporations and two groups of properties. You have to consider the impact of dues, amenities, etc. It's unlikely you can get enough owners to agree on both sides and foot the bill to merge the HOAs.

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RobertR1 (South Carolina)
Posts: 5,164

Posted:

Dear HOAtalk,
That is very very close to what my Master Deed says. I might have to look at my documents in a different light.........Naw, I won't do that, I'll still find lots to disagree with.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By ThomasG on 03/13/2006 11:59 AM
I am on the Board of an HOA that contains 72 homes. These 72 homes were part of a larger construction project, but, for some unknown reason, were placed in a separate HOA.

We were recently approached by homeowners from the neighboring association asking if they could secede from their HOA and join ours since their HOA was not very active.

Has anyone ever heard of this? Is there a legal way this could be done?

Thanks for your assistance.

You will find the answer in your association documents and theirs. A certain percentage of the owners in both associations must agree to this merger and you will need the services of an attorney who specializes in real estate and HOA law. You should already have such an attorney.

"Some" homeowners cannot secede from their HOA and join yours, it's all or none.

Ron
SC

BarbaraM7 (Virginia)
Posts: 86

Posted:

ThomasG,

This is only the beginning. First you secede from your HOA, then your town secedes from the state, then the state secede from the Union. Where have I heard this from before......Oh, yeah, it was the Civil War. Will there be something akin to a Mason Dixon line between the separate housing projects?

You note that the neighboring association homeowners want to leave their present HOA since their's isn't very active. Well, get busy folks, you are the Association, are you not? Make it active instead of jumping ship. When I was in the military, there wasn't an option of joining the other team, you did what you had to do to get the job done.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By BarbaraM7 on 11/24/2007 8:10 PM
ThomasG,

This is only the beginning. First you secede from your HOA, then your town secedes from the state, then the state secede from the Union. Where have I heard this from before......Oh, yeah, it was the Civil War. Will there be something akin to a Mason Dixon line between the separate housing projects?

You note that the neighboring association homeowners want to leave their present HOA since their's isn't very active. Well, get busy folks, you are the Association, are you not? Make it active instead of jumping ship. When I was in the military, there wasn't an option of joining the other team, you did what you had to do to get the job done.

It's not that uncommon of a situation. Our developement actually has four different HOAs. You wouldn't know it as a visitor and some homeowners don't even know it. It's complicated how this happened and I won't bother with it unless somebody cares.

We are the oldest and the one with our name on the entrance signs. We ask the others for money for landscaping and other maintenance costs. Sometimes they contribute, sometimes, they stiff us. One wants us to help maintain their drainage pond.

Obviously, we would be better off as one association but everytime this has been brought up, there have been enough objections that the thought has been dissmissed. It would take a consensus of the four boards plus 75% of the owners of each association. Most people don't trust what they don't understand so I don't believe it will ever happen.

A single association would have lower overhead (insurance, maintenance, etc), consistent standards and enforcement, etc.

Ron
SC

JoeW1 (New York)
Posts: 728

Posted:

ThomasG - It seems to me that you have no control over the other homeowners from seceeding from their HOA. So it's best to stay out of all aspects of that process. Otherwise it would be like going for a job interview, getting the job and asking your new employer to write a letter requesting that your old employer let you go. I suspect there are separate associations because each HOA funds for things that the other association doesn't and may not be able to legally use? If not than perhaps the separate HOA's could develop a way to merge? If the neighboring association wishes to join yours while simultaneously being a part of theirs, YET contribute to an association they don't receive any funds from, than that's their choice, correct? I agree with BarbaraM7, the owners that want to jump ship need to get busy and make their HOA work first. If I was on your Board I wouldn't want a group joining without any success rate or proven experience.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By JoeW1 on 11/25/2007 6:42 AM
ThomasG - It seems to me that you have no control over the other homeowners from seceeding from their HOA. .............

I believe it's been pointed out many times before that homeowners cannot seceede from their HOA. That's a non issue. Inviting their HOA to merge with his is perfectly fine and if the required majority approve, it can be done.

Ron
SC

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Ron,
Part of what Joe was trying to resolve, I belive, was: Since A has no control over B, should anyone from B be allowed to join A. I think that was agreed. Part of B could not be allowed to join A, and numerous reasons were given.

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By RobertR1 on 11/25/2007 3:39 PM
Ron,
Part of what Joe was trying to resolve, I belive, was: Since A has no control over B, should anyone from B be allowed to join A. I think that was agreed. Part of B could not be allowed to join A, and numerous reasons were given.

One cannot be a member of two HOAs unless one owns property in each.

Membership is spelled out in the association documents. You automatically become a member when you buy property and you are no longer a member when you sell your property.

Ron
SC

JoeW1 (New York)
Posts: 728

Posted:

RonaldW - Good point, you may be correct, membership in any HOA has parameters (hopefully). Only ThomasG can speak to what criteria is required for membership in his HOA. What I was trying to help ThomasG realize was that he should focus on allowing membership in his HOA and not worry about the neighboring homeowner's ceeding from theirs.

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