Annexation from HOA

Started by JohnB38 • 3 replies • 2799 views

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JohnB38 (Michigan)
Posts: 1

Posted:

We have a group of 4 home owners that wish to annex our properties from the current HOA. Our driveways access a city/county roadway and do not share any common grounds with the remaining 20 properties. Our dues are structured in a reduced fee due to the disconnect from the entire condominiumn association.

In brief, what are the steps required annex from our HOA?
Do we or should we retain legal representation?

I undertand the entire HOA must vote to annex but how can a one-for-one vote be fair when we are of the minority to begin with?

BrianB (California)
Posts: 2,820

Posted:

I for one do not understand your question, because things are usually annexed INTO, not out of, an area. are you trying to join an HOA or leave an HOA? "Annex from" does not make sense to me as a phrase.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

In brief, what are the steps required annex from our HOA?

100% of the HOA votes you can leave.
All 20 units (entire HOA) bank/mortgage's company or 2nd mortgage company allows you to do leave
You give up all access and rights to the common areas.

Quote:

Do we or should we retain legal representation?

Yes. This is very complicated. Personally? if it was my HOA, I wouldn't allow you to leave. If you leave, it means my dues will go up.

But I have to wonder why they included 4 houses in with a condominium project. Do you own your own land? It maybe the property could not be subdivided and your all lumped into one plot with multiple buildings. If not, you need to look at the reasons why your in the HOA, there may be a valid reason that would prevent you from leaving.

MaryA1 (Arizona)
Posts: 7,043

Posted:

John,

Regardless of whether 100% of the members vote to allow you to bow out of the HOA or not, you CANNOT do this. Read your CCRs. I'm sure you will NOT find a provision allowing you to do this. What you will find instead is that the CCRs clearly state that ALL property owners are automatically members of the HOA.

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