Disbanding an HOA

Started by DeborahA • 9 replies • 3143 views

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

⚡ Takes 30 seconds

Already a member? Log in

DeborahA (Maryland)
Posts: 2

Posted:

I live in a community of 21 homes with an HOA in Howard County, Maryland. We are self-managed and have had no problems running the HOA over the last 12 years. Recently, a homeowner whose home is on the market, requested that we change the covenance and allow horses to be kept, maintained and bred on his property to make his home more appealing to homebuyers. The Board rejected the homeowners request. The homeowner then requested that his property be removed from the HOA and exempt from following the covenance. The Board rejected his request. He has hired an attorney and claims he is allowed to do this and will bring suit against the HOA if we do not agree. He also says that three other homeowners want to also be involved in this suit. We charge only $450 per year for annual dues...which takes care of insurance, maintenance of common areas (which include entrance, tennis court, and right-of-way grass) and a small reserve. Can he do this?

MikeS1
Posts: 668

Posted:

We're in VA and at one time, there were factions that wanted to release separate 30 or so single family homes from the HOA and then there would bee 300 or so townhomes left in the HOA. Our attorney said that it was a very expensive, time consuming nightmare. I would be surprised if they could do this, but you're in Maryland and it sounds like you need a good attorney that specializes in HOAs.

RogerB (Colorado)
Posts: 5,067

Posted:

Beborah,
Yes, any one can bring a suit. But for your example they do not have any legal basis to expect to win. Any decent attorney would advise them against this. You may wish to check with you insurance agent to review your coverage, particularly for payments of any out of pocket expenses during the process of a law suit.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By RogerB on 12/29/2006 7:41 PM

Beborah,
Yes, any one can bring a suit. .........

It's the first thing they threaten you with when they want to intimidate you. Stand up to them, contact your HOA attorney for specific advice.

I know there's not much chance of me being allowed to "drop out" of my HOA. The CC&Rs are pretty clear that anyone who owns property in the development is a memebr.

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

if a simple lawsuit could remove oneself from an HOA, then thousands of people would be doing it yearly. Fact is, most deed restrictions are written well, and nearly impossible to get out of legally.

Let them spend money on a lawyer. it's a waste of their money, and helps pay for college for the lawyer's kid.

DeborahA (Maryland)
Posts: 2

Posted:

Thank you all for your input.

CathyG (Arizona)
Posts: 10

Posted:

He's not going to want to make the extra expenses just to make his home more appealing to homebuyers. His realtor probably made the suggestion to bring in more potential buyers. Stick to your guns, he signed the same CC & R's that everyone else did.

MarieP (Maryland)
Posts: 3

Posted:

It's obvious this homeowner owns several acres. Has the county zoned the area as agricultural? Won't that have to apply in order to have a horse farm?

I think you should let him do it. What harm is there in having horses? And if it does increase the property value that would be a good thing.

I guess I am a 'moderate' when it comes to HOAs. Keep the area maintained and beautiful. Protect property values. Be sure homeowners maintain their homes. That's as far as my HOA goes. If a person wants to paint their door purple we let them. This is America.

Let the guy have his horses.

WilliamT (Arizona)
Posts: 489

Posted:

If there is a possibility that the entire community will benefit from the change to horse property, then poll the community to see what they think.

If the community appears to be in favor, then you can ask the homeowner to pay an attorney to draft an amendment (with the board having final language approval) to the CC&R's to present to the community to vote on.

That homeowner presently has the most to gain, so why now have him pay for the language drafting.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By MarieP on 01/04/2007 8:24 AM
I think you should let him do it. What harm is there in having horses? And if it does increase the property value that would be a good thing.

I guess I am a 'moderate' when it comes to HOAs. Keep the area maintained and beautiful. Protect property values. Be sure homeowners maintain their homes. That's as far as my HOA goes. If a person wants to paint their door purple we let them. . This is America.

Many people buy homes or property in a covenanted community because they like the looks of the community and they want it to stay (as much as possible) the way it was when they bought it. That's really the purpose of the CC&Rs and the HOA. The member who wants to keep horses on his property should have investigated the CC&Rs before he or she purchased the property.

If the majority of the members (it varies and is generally specified in the CC&Rs) are willing to allow horses to be kept on the properties, the CC&Rs can be ammended to allow this. If not, the "rules" are the "rules" - no horses allowed.

"Purple door"? I don't know about your neighborhood, but in mine (and many others) a purple door would be an eyesore, something I would have to look at and something that I would have to explain to visitors. And something that would certainly not improve the value of the surrounding homes or their marketability.

"This is America"? Well, it is for most of us. Don't forget, it's called the "World Wide Web". People around the world have access to this site.

I suppose what you are trying to say is that property owners should be free to do as the choose. Actually, they pretty much are. They have the freedom to purchase property with restrictions or property without restrictions. They don't have the freedom to purchase property with restrictions and then ignore them.

Ron
SC

🎯 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