JeanI (Louisiana)
Posts: 112
Posts: 112
Posted:
Who owns the common property in an HOA development? If the members of the association own the common property can the Board of Directors sell it back to the developer without voting of the membership?
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commom areas
Started by JeanI • 7 replies • 562 views
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BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
Common areas are typically owned by the HOA. That is the reason the HOA exists - to be the corporate entity that owns and maintains the common area.
Your governing documents will tell you if the Board of Directors has the authority to sell the Association's property.
Your governing documents will tell you if the Board of Directors has the authority to sell the Association's property.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Our CC&Rs require a vote of the owners to sell off parts of the common area. Read your documents, Jean.
JeanI (Louisiana)
Posts: 112
Posts: 112
Posted:
Our legal documents are silent as to who owns the common property and who can sell it.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
How is your home, etc., described on your deed or title insurance ?
BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
Finding out who owns them is easy - look it up on your county’s appraisal district. I can’t imagine your documents say nothing about the common areas. Again that is literally why HOAs exist. Is there no section that covers the duties of the association, purpose of assessments, duties and powers of the board?
MarkM19 (Texas)
Posts: 1,459
Posts: 1,459
Posted:
I would check the Tax Records. If the HOA pays the Taxes it owns the land. If the HOA owns the then the owners own the land. The board acts on behave of it's owners. They may have the power to make some major decisions but I doubt they can sell assets without a vote with a majority in favor.
RoyalP
Posts: 1,104
Posts: 1,104
Posted:
Quote:
Posted By MarkM19 on 01/11/2019 6:56 AM
I would check the Tax Records. If the HOA pays the Taxes it owns the land. If the HOA owns the then the owners own the land. The board acts on behave of it's owners. They may have the power to make some major decisions but I doubt they can sell assets without a vote with a majority in favor.
I would check the Tax Records. If the HOA pays the Taxes it owns the land. If the HOA owns the then the owners own the land. The board acts on behave of it's owners. They may have the power to make some major decisions but I doubt they can sell assets without a vote with a majority in favor.
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