Get 2 months of free community web site hosting from Community123.com!
Friday, December 14, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Times for unanimous vote of all HOA members
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
SteveH32
(North Carolina)

Posts:2


10/09/2018 12:26 PM  
What are any circumstances, regardless of the CCRs of an average HOA dealing with amendments and selling of common area vote requirements, when a requirement of a yes vote from every member is warranted?

would this be appropriate when a new property is added to the common area in a closed association? It seems to me that when an owner's percentage of ownership in an HOA (ownership not in the property right deeded sense but in the sense if the HOA was dissolved and your portion of the proceeds was distributed) that all owners would have to agree with this change of the community.

For example, if this was a 28 house closed community, and common area land was sold to build a new house--number 29--wouldn't it be reasonable for all owners to have to agree? (providing nothing in the CCRs provide a solution)

thanks,

steve
SheliaH
(Indiana)

Posts:2319


10/09/2018 12:57 PM  
That answer really depends on the community - what's appropriate for you may not be as appropriate for another community or my community. You mention the CCRs, but you should also check your community's declaration and Bylaws for the answer. That said, I think the answer would likely be yes because if the property is sold, that reduces the amount of common area, which the entire community owns.

We went through something similar about 7 years ago, but it wasn't for building a house. We have about 3 acres of undeveloped land and a developer wanted to build a dollar store on the property (it would have sat between our community and a strip mall which has a grocery store). They thought it would be pretty simple to convince the homeowners to vote for selling it.

Didn't happen. We held a special homeowner's meeting where people could ask questions (the developer sprang for pizza in a last ditch effort to convince people), but after all the talk about increased traffic, noise and possible crime, that killed it.

DouglasK1
(Florida)

Posts:1283


10/09/2018 2:51 PM  
I'm not really sure of the answer, but since this is really more than just an amendment to the CCRs I'm not sure the normal amendment requirements would apply. This could be a change to the plat, local government conditions of approval for the subdivision, and who knows what else. I would suggest hiring an attorney before attempting to proceed. The city/county might need a say, and potentially even mortgage lenders.

Escaped former treasurer and director of a self managed association.
SteveH32
(North Carolina)

Posts:2


10/09/2018 4:43 PM  
thanks for the replies. yes, this may be a mess since the lot price is in dispute and the HOA claims they can get 75% of the vote needed to sell common area property and to change the CCRs.

Some people here are just looking at adding another member to contribute to the dues and lessen their assessments, while selling the lot for far less than appraised value which will in turn lower the comps for the entire place. No way it would go through if 100% of the vote is required, and it is doubtful they can get 75%, but a lot of politicking is going on.

just seems sensible that to add a member to an HOA that was closed initially, that all members would have to agree with the expansion. unfortunately, i cant find any NC law or case on the subject--we will probably have to get an opinion from a lawyer.

thanks
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Times for unanimous vote of all HOA members



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement