Members who want to Quit the HOA

Jen:

A little confused, are you a mandatory association? Is this just a person who lives in the subdivision? If you are mandatory they can't quit the association and must pay dues. Your documents should spell out how to proceed, but usually it involves sending a last chance letter, filing a lien, some people take them to collections, eventually foreclosure is an option. You just can't quit a mandatory association.

Jen:

If you are mandatory they must pay dues. If they don't then your HOA needs to keep on top of them to collect. Unfortunately they are the ones that will lose because they can lose their house.

Jen if it is mandatory they still are part of it regardless of that letter; they can't resign as they hold no position from which to resign.

What State is this? Many states allow you to hire a collections lawyer to go after them and the cost of the lawyer is added to their bill.

Most Associations governing documents don't allow members to vote or run for positions if they are behind in their dues. If it is Florida it must be at least 90 days past due for you to do this.

I don't know of any documents that allows for a homeowner to exempt themselves from a) being a member or b) not paying dues. But hey, there could be a state out there that possibly could allow such a thing.

IMO you should pursue collections according to your governing documents.

Our HOA is mandatory membership. However, for years several owners that own adjoining lots..some have 5..some 6 .. have been billed 1 assessement..and those people do not want to be part of the HOA..and have stated that they no longer are members. Other lot owners with 2 lots are billed for 2. One 2 lot owner paid only 1 and a lien was placed on his property. It went to court. The judge(who is a past president of an HOA)informed the BOD that they could not use expemplary powers and selective enforcement. In order to continue to bill like they were they would have to change the covenants(the word equal would be removed), it would take a 100% vote, a new survey, sub-division plat, declartion, article of incrop., roads would need to be brought up to state requirements, etc. So what did the BOD do? Change the covenants and declare that those lots were no longer part of the HOA. They were able to get 51% which is required to change the covenants. They told the individual owners that the Judge told them to do it. Thank God they made many, many mistakes with the process..as well as the content. We've contacted a lawyer who told us that the new board..(still has majority of the old members).. can file a declaration at the courthouse stating that the covenants are no good. Has anyone dealt with this? Does it take the majority of the board? Do reasons have to be listed? The lawyer said the membership can't vote on this it must be done by the board. We live in Virginia.
Thanks,
Maryb

Mary, usually the Covenants require payment of assessment on each lot. And people who do not want to be part of a manditory HOA can not simply chose to not be a part. They do not have any options except as listed in their Covenants. And I doubt that certain lots can be deleted from the association by a simple majority voting to amend the Covenants. If improper Covenants have been filed this can be corrected by the Board or contested by any owner.

The BOD do not have the authority to change or ignore the Covenants. If the Covenants state each lot shall pay then each lot must be billed. The HOA through it's BOD must provide consistent enforcement. The Covenants do not need to be changed, rather knowledge of the controlling documents compliance to them is needed.

All of the controlling documents state that all the properties in the subdivision are members and the original covenants state that all the lots shall pay EQUALLY and each deed states that the lot is part of the subdivision. The old BOD convinced a majority of the membership that because the minutes from the first meeting(before all the lots were sold)stated 31 lots..that it was legal to pass covenants that stated that. We had an annual meeting. Several of us put together a packet of the controlling documents, subdivision plat, declaration, the original CCR's, Article of Incorporation, By-Laws..with the definition of membership highlighted. The outgoing BOD made fun of us. Stated that the original minutes were a controlling document because they were from the first meeting and the minutes were approved. We were told that if we wanted the covenants changed we would have to go about changing them all over again...just like they did.We have been told that a declaration by the board is the only other way to correct the CCR's. The problem is that 3 of the newly elected board members are from the old board and hold the majority vote. We feel like we are living in the twilight zone. We don't want to sue, but don't see any other solution. We contacted an attorney who charged us several thousand dollars to help us put together the controlling documents and advise us that the CCRs are no good. It was another attorney (a CIA attorney) who suggesteed the declaration solution. We have tried to convince the membership to hire him..the attorney they used was a friend who didn't charge them, never researched or looked at the controlling documents, he justed looked over the covenant change format..go figure? They got what they/we paid for.
Thanks for all the help..
Maryb

Tish, you do realize this thread is 3 years old don't you?