New Addition to HOA

Started by CherylC1 • 6 replies • 1339 views

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CherylC1 (Pennsylvania)
Posts: 80

Posted:

20 years ago 2 new streets were added to our HOA. Our CC&R is from 1970 and our
by-laws are from 1994. When they took these 2 new streets into the association
would there be an amendment to the by-laws or CC&R? Would there be a document
showing that the 2 streets were taken into the Association?

When the builder built our homes we were promised a walking trail and many other amenities which
we did not get. We have no common grounds on these 2 streets. The people on these
streets want out of the association, especially since part of the one street (the last
phase of this new section) is not part of the association. They had voted not to be in it.
Is there a way we can pull out?

Thank you!

KellyM3 (North Carolina)
Posts: 2,239

Posted:

CC&R's should outline how your community expands and how you can remove portions of the neighborhood from the HOA. It would, I think, be a high threshold but it's worth a look.

CherylC1 (Pennsylvania)
Posts: 80

Posted:

Thank you! I did look through it and it does not say anything
regarding this issue.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Usually the declarant will originally declare the entire area submitted in the original CC&R's but they can also add sections as they go by filing a supplement to the original CC&R's.

There are cases where sections lie dormant (as in not built on) for many years, especially as a result of the recent real estate market

Is the declarant still in control of your association?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

no edit feature...

I believe an association can disband itself, but I also believe 100% must agree to do so thus just a few (the 2 streets you mentioned) could not do it by themselves.

There are many posts on here about one or more owners, even entire sections wanting to pull out of an association.

LarryB13 (Arizona)
Posts: 4,099

Posted:

There are several possible methods where the new streets could have been legally added to your association.

The simplest method would have been that when the subdivision was first developed, the developer recorded a plat that showed the original streets plus the ones that were added later.

In my association, the developer has added many new sections. The declaration has language allowing the declarant to add more property to the association. When he has done so, he records a plat for the new area and records a document to annex the new area to the association before he sells any of the new lots. There are no changes to the CC&R's or bylaws when new lots are annexed.

There are likely other ways that the new streets might have been added to your association.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

The property description is usually contained in the CCRs, not in the bylaws. Sometimes the plans and drawings for a community are attached to the CCRs as an exhibit which might only be found where deeds are recorded. The exhibits could have been later amended. Also, it is possible that some amenities shown on a set of plans may be annotated "need not be built."

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