How to get out of an hoa in nc

Since you mention putting speed bumps in, I assume you have a shared private road, which is also a common area. Unless you plan on putting in your own private road, I would say no. Typically you cannot shut down or dissolve an HOA. You must sell it and move somewhere else.

Let's see.. a President, Vice President, and You.

3 person board. You and the VP agree to spend money, so I don't see the problem... At the board meeting, you make a motion to hire company X to do weeding, VP seconds the motion, hold a discussion, call for a vote, vote passes 2-1. Done.

Same for the speed bumps.

What am I missing?

So we have just 13 units and how many feet of roadway that requires speedbumps? With just 13 units I would think you might be able to know who is speeding without going through the expense of installing speed bumps.

As far as leaving the HOA well the grass is always greener on the other side till you get there. So you leave the HOA and then who pays to maintain the roads? Who covers the cost of weeding the flower beds? Who carries insurance on the rest of the property?

IMO leaving is not the solution just what you think wopuld be the easy quick fix.

Curtis,

Welcome to the forum.
I'd like to offer the following opinions on your concerns:


Thank you for volunteering within your HOA and serving on the Board.
Are you also a Director?

Directors and Officers are two different things. Directors make the decisions and Officers implement the decisions. Typically Directors are elected by the membership and Officers are appointed by the Directors (Board of Directors). Usually, the Officers are appointed from amongst the Directors. When this happens that individual is wearing two hats and performing two jobs, that of Director and Officer.

Officers Serve at the pleasure of the Board of Directors. If an Officer is not fulfilling their duties to the satisfaction of the Board, the Board may remove that individual from the Officer position. Please note, this is not removing them from being a Director, only from their Officer duties.


Getting bids, supervising and reviewing the work takes time. Perhaps this individual doesn't have the time to properly fulfill those duties. Have you volunteered to implement some of the decisions?

Properly fulfilling the duties of the Association can not be done by one person. It takes a group of individuals willing to work as a team and share the work load.


How is the Board going to handle this?
Have they solicited bids for a common area maintenance contract?
Are they relying on volunteers?
Have they reviewed the contracts to see if a contractor failed to meet the requirements?
Have they bought weed killer and walked around using it?

There are lots of options. Which option is used is a decision of the Board.
No matter what decision is made, time and energy will be required by the Board members outside of the meeting.


Is the money allocated for something other than discretionary spending by the Board?
Perhaps it's being set aside for repaving the parking lot.

When was your last Reserve Study?
Are your Reserves fully funded based on that Study?
Don't know what a Reserve Study is: see this thread about Reserve Studies by clicking on the link.

Often, directors see the bank account as one large pot of money. In reality, it's probably already been earmarked (budgeted for specific things). Directors should always understand the financial situation of the HOA prior to making these decisions.


Typically the only way to be have your obligations to the Association removed is by selling the property.

However, by serving on the Board, you have a unique perspective and opportunity to make changes because you are part of the decision process. Changes will only happen if other directors, along with you, are willing to dedicate the time and energy required to make YOUR development what it can be.


Wow, that's actually inexpensive. Having to maintain the parking area, provide trash/recycling pickup, utilities for lights,set aside money for the Reserves, administrative costs, etc. I'm impressed that your able to do this on a $7,800 a year budget ($50 per month x 12 months x 13 units).

I'm also concerned that you are not putting enough aside to properly maintain your parking area. I base this on my own Association's bids that have received bids for repaving the lot between $13 and $16 a square yard. Even for a small lot of 3,000 square yards (which your's might be) that can cost $39,000 to $48,000.


When you purchased the property you agreed to certain deed restrictions that were attached to your property. These restrictions. also known as the Declaration of Covenants, Conditions and Restrictions (CC&Rs), are a contract between you and the other owners your property is attached to. The CC&Rs typically also specify what services and amenities will be provided by an Association (created to oversee the common area).

The CC&Rs also specify that you, as an owner of the property, will pay an Assessment to the Association to pay for these services, maintenance and the administrative costs (postage, printing, bank fees, insurance, etc.) of the Association. Most Associations are incorporated, as this provides some additional protection to the membership and some benefits to the Association.

There is also a way for the owners to amend these deed restrictions to add, delete or modify some clause, service or covenant.

If you desire to have each owner pay for their own trash/recycle service, the way to do this would be to amend the CC&Rs and/or the Articles of Incorporation and/or Bylaws to remove the requirement that the Association provides this service. The first step would be to determine the costs involved to each owner for individual service to see if it is a financial benefit for the owners (typically it is not, but you don't know until you solicit bids).

The Association would still be required to carry the insurance (Liability, Directors and Officers and some sort of fidelity insurance). Therefore, there would be little if any change in those costs. If your development is considered a condominium, there may be minimums required by your States laws that the Association must carry.

Hope this helps,

Tim