Can we dissolve our HOA

Community of 25 lots with 22 homes. HOA is more troulbe than benefit to homeowners.
CCRs states

The covenants and amendments within this declaration shall run with and bind
Walnut Patio Homes for a term of fifty (50) years from March 9, 2000, after which
time they shall be automatically extended for consecutive periods of ten (10) years
each. These Protective Covenants and restrictions may be amended during the first
fifty (50) year period by an instrument signed by the owners of not less than seventy
percent (70%) of the lots in Walnut Patio Homes and thereafter by an instrument signed
by the owners of at least sixty-five (65) percent of the lots. Notwithstanding the
foregoing. Owner, his successors and assigns hereby reserves the right at any time and
from time to time, without the joinder of consent of any other person, to amend these
covenants and restrictions instrument by an instrument in writing, duly signed,
acknowledged, and filed of record, for the purpose of correcting any error, ambiguity

We have consulted an attorney yet, still in the discussion phase.

Can we dissolve or do we have to wait the 50 years as stated?

Our commom areas include the streets, city calls them alley ways, 2 very small grassy areas.
There is no landscaping or sign maintenance.

No one wants to volunteer to cover required officer positions. I was Pres, Vice Pres, Sec and Treasurer for one year, and have been the Sec/Treasurer for the past 2. I will not serve for next year.

Carol is right -- you can't dissolve a corporation that owns and is responsible for real property.

But you do not need to maintain a board of directors. A court can appoint a receiver to act in place of the board (usually some law firm).

The way to generate some interest in volunteering is to hit the members in the pocketbook. Propose a management company and a receiver in lieu of a board, and passing on the cost to all homeowners. You might be surprised how many people step up when continued their apathy will cost them $100 per month (or more).

Donna,

This question is asked often.

The answer is yes but it is very complicated.

First, you need to amend the Declaration so the Association isn't responsible to provide any services.

Second, if you have common area, you need to get rid of it or the responsibility to maintain it. Typically, if the city/county agrees, the property is transferred or sold to them. Sometimes a special tax district is created (causing the properties to still pay for the maintenance/repair of these items but through taxes vs. assessments). If the city isn't willing to take control, the chance to dissolve typically dies.

Third, you need to amend the declaration to have it cease on a specific date and that may require 100% agreement (not the 70% you cited). The attorney can tell you more on this.

Fourth, during the final year you need to go through the process of dissolving the corporation known as HOA, Inc (which only dissolves the corporation and not the Association). Pay final taxes, transfer property, etc.

Of course this is a very generalized procedure and the specific process is much more complicated.

Assuming that the streets and other common areas are deeded to the association, the association could grant easements for their use to the property owners of your development.

Then, if the CC&R's were to be dissovled the easements for the use of the streets and 2 small grass areas would survive regardless of who eventually takes title to the property.

Common law requires that those who use an easement contribute to its maintenance, so even without a formal association the residents will still have some financial obligations.