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SteveM34 (North Carolina)
Posts: 4
Posted:
My hoa was formed by a developer which went bankrupt in 2007. The hoa was never dissolved and a new hoa was formed after some of our lots were sold. I hired an attorney years ago which said it would be ruled volunteer due to many mistakes in the formation. The current hoa has never had a meeting in 7 years nor any board members voted on. They spent thousands on improvements for adding gravel off the hoa property nor on any of our property. Recently they had an election for a board after 7 or so years. They consulted an attorney who is telling them to merge the original hoa from 2007. The hoa also took no bids for the entire time and spent thousands on improvements of the home owners money with no board or vote to add sand on a pond area plus other things. They have collected over $40,000 and have less than $2500 in account. Now they are saying it will be enforceable when they merge the hoas with 80% of the vote. It would seem they would need 100% of the vote. Anyone believe they can merge two Dysfunctional hoas and make mandatory with 80% vote? The one parcel sold by developer who went under in 2007 has a lot owner who is signing so,etching wavering his rights to the old hoa. The landowners have had no say, annual meetings or other in regards to the money spent.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The questions are:

1. Can two HOA's merge?
2. What % of each HOA's owners will it take?

I say yes and 80% sounds right but the % should be looked at.

GeorgeS21 (Florida)
Posts: 3,808
Posted:
Steve,

Do you NOT want the organizational efforts to succeed?

What are the pros and cons to owners? All owners, not just one perspective, please.
SteveM34 (North Carolina)
Posts: 4
Posted:
I don’t have a problem with hoa but problem with a few trying not to grandfather improvements. Our neighborhood has 20 lots and no one can see anyone’s house or improvements. As an appraiser, I find in rural areas on large tracts hidden in mountains, hoas do not increase value. We need basic covenants and just to maintain common areas, gate and road. They spent 40k of money illegally already with no approval, no bids on jobs and so forth plus violated many requirements for forming. No meetings, no board and so forth. Current hoa was deemed volunteer by 3 attorneys and original was dysfunctional...no records nor did they disband. I haven’t went back to attorney with what they are doing because I already spent 5k.
SteveM34 (North Carolina)
Posts: 4
Posted:
Thanks. 3 attorneys agreed original hoa would be ruled dysfunctional nor did they terminate original after forming new one when lots sold by investors 5 years after developer went bankrupt. Given this, I was trying to determine if they need 100% of vote to make one mandatory. No previous board and only one person was managing, no annual meetings and much money spent on improvements not on hoa property. I want a grandfather for improvements which impact no one negatively for me to agree. I am an appraiser and a
Already spent 5k on attorney which said volunter previously before this new formation begin. 2 other attorneys said same previously
SteveM34 (North Carolina)
Posts: 4
Posted:
Attorneys previously said volunteer only based on information 5 years ago

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