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LanceT1 (Idaho)
Posts: 2
Posted:
We are a small residential association inside a Master Association. We have our own board & by laws and our own dues, accounting, etc. When our residential single family residence community was built, the builder created a Master Association and two sub-HOA's for the parts of the community behind gates. I am on the Board of one of those gated areas. Access to our street is via public roads. The associations have existed for about 20 years. Over the years our members have paid dues to the sub association AND the master association. As projects come up, the Master association attitude has been to have us pay for improvements & repairs behind the gate while repairs and improvements outside the gate are paid with Master HOA dues, including the dues paid by our members. Frankly, we're tired and frustrated that we're not realizing the benefit of membership in the Master Association. Some of us are looking into withdrawing from the Master Association. Any suggestions or advice?
SusanW1 (Michigan)
Posts: 5,202
Posted:
You must acertain if 100% of your members want to secede from the master corp.
CarolF (Florida)
Posts: 435
Posted:
Are there any amenities outside of your gated area that your residents use? Are the roads in your sub area (that is, within your gated area)maintained by your association or the master? I also live in a HOA within a larger development and pay dues to both associations. But, there are many benefits that I get from the larger association like security services, park areas, and road maintenance.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Many people don't realize most roads in gated communities are owned by the association. Kinda hard to get to your house without a road ehh?
LanceT1 (Idaho)
Posts: 2
Posted:
As I said, but perhaps need to be clearer, there is a non-gated, non secure public road owned and maintained by the city including repair & snow removal entering the Master Association community. Off of this public road is the entrance to the gated community. We maintain our road with our HOA dues, the Master Assoc does not contribute to our repair, repave or snow removal. We also maintain the landscaping with in the gates, pay the electric for the street lighting, and maintain the water feature which is on our HOA land but outside our gate. There are no common areas, no parks, no pools in the Master Association area. The builder even sold off the sales office to a private buyer after promising it as a clubhouse to the residents but that was 10 years ago so "bye-gones". This is the problem, we don't realize any benefits with the Master Association other than regular billing for the monthly dues our residents pay. We even handle the billing and accounting of our own dues, pay a separate HOA management company and insure our common areas. Assuming all the neighbors within the gated community agree to withdraw, are there things we can be doing to prepare. We're guessing we'll need to hire a lawyer but wonder how expensive this is going to be and if the chances of success are realistic.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Lance:

What do your documents state regarding disolution or anything? Also, are you single family homes or condos?

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I agree with Janet's post above. Find out what it takes to dissolve. It should be in your documentation. The Articles of Incorporation or CC&R's should have that information. Check with the Master association's documentation as well.

Are you still builder/developer controlled? Do your documents still reference them? Either way your associations decide to go it's a GREAT idea to update your documentation. I always recommend a complete review and update ever 5 -7 years on anyone's HOA's documentation.

If you need a lawyer I suggest one familiar with CORPORATE or CONTRACTUAL law and NOT one in Real Estate. HOA's are corporations and deal with contractual law. It may be dealing with real estate but it ALL boils down to CONTRACTS. Use them as a tool and do NOT rely on them. You will need a retainer money and additional work hour money. WARNING they WILL charge you for EACH correspondence such as email or phone. So if they do NOT answer the phone do NOT give them your information and call back later. They may use that message as a way to charge you.

So review your documentation and keep asking questions here.

Former HOA President

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