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common area give away

Started by GlenM4 • 8 replies • 894 views

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GlenM4 (Tennessee)
Posts: 141
Posted:
we have some common area in our HOA , its in a weired spot , along the back of about 10 houses. I guess at one time it was going to be a walking path, but now its just grass.

Can the BOD vote on giving that land to the people that it lays behind? or is this something the whole community would usually have to vote on?

RichardP13 (California)
Posts: 3,868
Posted:
Whole community
RichardP13 (California)
Posts: 3,868
Posted:
Whole community
KerryL1 (California)
Posts: 14,550
Posted:
Whole community.
GlenM4 (Tennessee)
Posts: 141
Posted:
ah good, Currently they take it as we have the right to sell / give common area cause we have the right to say whats done with the common area.

FredS7 (Arizona)
Posts: 927
Posted:
It's possible that the board might have the authority to sell the property for the highest bid from an owner.

I am aware of a similar case, where a new parking space became available after removal of a tree.
KerryL1 (California)
Posts: 14,550
Posted:
It's possible the Board could sell it as, Fred notes. BUT, your CC&Rs will tell you who may do what with common areas.
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Quote:
Posted By GlenM4 on 11/06/2018 4:17 PM
ah good, Currently they take it as we have the right to sell / give common area cause we have the right to say whats done with the common area.


While it is true, the board can say what is done with the common areas (within the ccr's) its likely they cannot sell nor give it away without a 100% sign off from every homeowner. Its legally deeded to every homeowner, and therefore a deed should be recorded in every homeowners name at the registry of deeds if it is transferred to someone else.

If they did sell or give it away, 1 single homeowner could file a lawsuit against the HOA and cloud the title for the new owner of the land.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By SteveM9 on 11/08/2018 5:54 AM
Posted By GlenM4 on 11/06/2018 4:17 PM
ah good, Currently they take it as we have the right to sell / give common area cause we have the right to say whats done with the common area.


While it is true, the board can say what is done with the common areas (within the ccr's) its likely they cannot sell nor give it away without a 100% sign off from every homeowner. Its legally deeded to every homeowner, and therefore a deed should be recorded in every homeowners name at the registry of deeds if it is transferred to someone else.

If they did sell or give it away, 1 single homeowner could file a lawsuit against the HOA and cloud the title for the new owner of the land.

That 100% petition requirement is always a mile high effort. Not worth it.

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