Selling common area& members approval

Started by DonB16 • 3 replies • 586 views

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DonB16
Posts: 1

Posted:

We have a common area thats part of our HOA Deed, thats inbetween private property and lake shore. Currently it's is used very little. A request has been made to investigate the selling of that small amount of property.
One question we have is, that since all lot owners are members of our association do we have to have 100% member approval to sell this property? This is in the state of Tennessee also.

BarbaraT1 (Texas)
Posts: 821

Posted:

What do your governing documents say?

KerryL1 (California)
Posts: 14,550

Posted:

Your covenants (CC&Rs; declaration) should have in them how the HOA can sell any portion of the common area. MIghtbe 100% vote needed, but maybe not.

GenoS (Florida)
Posts: 4,276

Posted:

While not 100% sure I think the answer is probably "yes". Any change to the amount or common property might be seen as a material alteration in the implicit HOA contract that affects every member. When my HOA was being built out the developer decided to eliminate 2 planned residential lots and replace them with a clubhouse/pool "recreation tract". This required a minor re-plat but it also required the approval of every homeowner living here at the time. There were only 8 so it was easy, but notarized written consent forms were obtained from each.

The common property is fundamental to an HOA and I think it's reasonable to say everyone - 100% of the owners - should agree on significant changes to it. Your mileage may vary in Tennessee.

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