Times for unanimous vote of all HOA members

Started by SteveH32 • 3 replies • 607 views

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SteveH32 (North Carolina)
Posts: 2

Posted:

What are any circumstances, regardless of the CCRs of an average HOA dealing with amendments and selling of common area vote requirements, when a requirement of a yes vote from every member is warranted?

would this be appropriate when a new property is added to the common area in a closed association? It seems to me that when an owner's percentage of ownership in an HOA (ownership not in the property right deeded sense but in the sense if the HOA was dissolved and your portion of the proceeds was distributed) that all owners would have to agree with this change of the community.

For example, if this was a 28 house closed community, and common area land was sold to build a new house--number 29--wouldn't it be reasonable for all owners to have to agree? (providing nothing in the CCRs provide a solution)

thanks,

steve

SheliaH (Indiana)
Posts: 6,964

Posted:

That answer really depends on the community - what's appropriate for you may not be as appropriate for another community or my community. You mention the CCRs, but you should also check your community's declaration and Bylaws for the answer. That said, I think the answer would likely be yes because if the property is sold, that reduces the amount of common area, which the entire community owns.

We went through something similar about 7 years ago, but it wasn't for building a house. We have about 3 acres of undeveloped land and a developer wanted to build a dollar store on the property (it would have sat between our community and a strip mall which has a grocery store). They thought it would be pretty simple to convince the homeowners to vote for selling it.

Didn't happen. We held a special homeowner's meeting where people could ask questions (the developer sprang for pizza in a last ditch effort to convince people), but after all the talk about increased traffic, noise and possible crime, that killed it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DouglasK1 (Florida)
Posts: 2,046

Posted:

I'm not really sure of the answer, but since this is really more than just an amendment to the CCRs I'm not sure the normal amendment requirements would apply. This could be a change to the plat, local government conditions of approval for the subdivision, and who knows what else. I would suggest hiring an attorney before attempting to proceed. The city/county might need a say, and potentially even mortgage lenders.

Escaped former treasurer and director of a self managed association.

SteveH32 (North Carolina)
Posts: 2

Posted:

thanks for the replies. yes, this may be a mess since the lot price is in dispute and the HOA claims they can get 75% of the vote needed to sell common area property and to change the CCRs.

Some people here are just looking at adding another member to contribute to the dues and lessen their assessments, while selling the lot for far less than appraised value which will in turn lower the comps for the entire place. No way it would go through if 100% of the vote is required, and it is doubtful they can get 75%, but a lot of politicking is going on.

just seems sensible that to add a member to an HOA that was closed initially, that all members would have to agree with the expansion. unfortunately, i cant find any NC law or case on the subject--we will probably have to get an opinion from a lawyer.

thanks

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