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Started by TonyS12 • 9 replies • 1634 views

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TonyS12 (Georgia)
Posts: 2

Posted:

I have been living at my current home for almost 4 years. Each year we pay the $240 in HOA dues and get a list of all the improvements being made to the subdivision. The problem is that my house is not within the subdivision, it is on a county road so all these improvements to the roads and other things within the subdivision have no effect on me. The only thing we get out of the HOA is a street light and access to a pond with a pavilion. We are wanting to try and get out of this HOA but not sure how to proceed. I'm going to contact a lawyer on Monday but now sure what else I should do. Thanks everyone for your help.

GlenL (Ohio)
Posts: 5,491

Posted:

Tony it all comes down to the deed, if yours obligates you to belong to the HOA then I'm sorry to say you're stuck and the only way out is to move to a property that isn't within an HOA. That or somehow convince the majority if not all of your neighbors to disband the HOA which would require it's own set of problems, the least of which is getting the city or county to assume responsibility for the HOA's common areas that your HOA fee goes to maintain.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

By majority I meant somewhere between 90 &100%, the exact number would be in your CC&R's.

Studies show that 5 out of 4 people have problems with fractions

JimR24 (Texas)
Posts: 399

Posted:

I agree - tough situation to pay annual fees and not be able to fully enjoy what the HOA has responsibility for. Removal from the HOA would mean that you'd no longer have a street light and access pond pavilion...right? And also, sounds like having those things is not worth the $240 per year.

Lovin' life with my honey!
and, President of HOA in Texas

TimB4 (Tennessee)
Posts: 21,061

Posted:

Tony,

If you are receiving no amenities, you may be able to convince the Association to modify your deed only. It will require amending the CC&Rs which typically require 2/3 of the membership or more.

However, if you use the Association roads to access your road, I doubt the member will be willing to amend.

Let us know what your attorney says.

PitA1
Posts: 222

Posted:

the 'pond' is NOT an amenity but is actually a Federally mandated storm water retention facility for the subdivision

y'all are REQUIRED to maintain same, including dredging at about 20-30 years to maintain depth

you are, in fact, bound by the covenants and restrictions mentioned in your deed and available from your 'register of deeds' at the county/parish seat

CAVEAT EMPTOR

TonyS12 (Georgia)
Posts: 2

Posted:

Also if I'm unable to get out of the HOA, is it possible to get my dues lowered? I'm paying the same price as everyone else.

JimR24 (Texas)
Posts: 399

Posted:

Well, over my years - i've found that most everything is negotiable. Good luck!

Lovin' life with my honey!
and, President of HOA in Texas

KerryL1 (California)
Posts: 14,550

Posted:

Our CC&Rs give the voters the opportunity to create "special benefit areas." These would be areas that get lots of benefits that none else can enjoy at all. If in your docs, you could ask the board to place something on a ballot to proclaim everyone else a special benefit area. Your wouldn't have to be a part of benefits X,y & z because you cannot use those benefits.

Your dues would have to calculated on th av. cost per units for the W.R.pond, etc that you do use.

Even if you don't have a special benefits areas clause, you can propose something like it to your board, who you'll have to persuade to spend the $$ to send out ballots, etc. Given that you need your street light and can't be kept form the retention pond, how much per year do you think you'll save--just curious?

DouglasK1 (Florida)
Posts: 2,046

Posted:

I think you're current plans of contacting a lawyer are exactly what you need to do. He/she will review your documents and make sure you are obligated to be a member of the association. If you are, the lawyer can present any options for getting out, but if it's in your deed, the chances are just about nil. As far as getting dues lowered, again that comes down to the docs. They will define how dues are apportioned, and changing that is fairly unlikely also.

Escaped former treasurer and director of a self managed association.

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