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ThomasW16 (Georgia)
Posts: 5
Posted:
Our HOA/POA is in Georgia.
The area was developed by a single developer around 25 years ago. He bought up more land than he used in building our subdivision. Along the way, when he sold off land not to be used in our subdivision, those deeds included a clause submitting them to our covenants. There are two lots, not physically in our subdivision which have historically been treated as POA members (subject to dues and assessments) which share nothing with our POA (roads, mailboxes). We recently found 10 other lots with clauses in their deeds submitting them to our covenants that have never been treated as part of our POA.
A couple of other things
1. The original developer says these lots (the 2 + 10) were never intended to be part of our POA.
2. Our articles of incorporation name the sections of land whose owners were to be members. They do not name this other section (2+10).
3. The current owners are asking to be removed from POA since they are subject to dues and assessments but are physically separate and receive no benefit.
4. Over the years, multiple boards have chosen to forego collections on the lots, other boards have collected.

My questions:
1. Can we (the board and/or members) release them from POA membership?
2. Can their property remain subject to the covenants while not being members?
3. What process do we/they undertake to release them?

Their membership appears to be an administrative error. Can this be corrected?
ElleN (Idaho)
Posts: 1,333
Posted:
-- Consulting an attorney is essential. But this forum can help prepare your Board for a meeting with an attorney.

-- Does the Declaration include a map or the county plats that show these 12 lots to be part of the HOA?

-- Do the plats (at the county clerks) show these 12 lots to be part of the HOA and/or subject to the HOA's covenants?

-- Things your Board has checked:
Articles of Incorporation
Deeds

--Things your Board should keep in mind:
If the Articles of Incorporation genuinely conflict with the Declaration, the Declaration controls.
Deeds that are erroneous can be corrected via the courts or other means. Google on this for an introduction.

DeanJ
Posts: 1,786
Posted:
Quote:
Posted By ThomasW16 on 12/02/2025 3:41 AM
Our HOA/POA is in Georgia.
The area was developed by a single developer around 25 years ago. He bought up more land than he used in building our subdivision. Along the way, when he sold off land not to be used in our subdivision, those deeds included a clause submitting them to our covenants. There are two lots, not physically in our subdivision which have historically been treated as POA members (subject to dues and assessments) which share nothing with our POA (roads, mailboxes). We recently found 10 other lots with clauses in their deeds submitting them to our covenants that have never been treated as part of our POA.
A couple of other things
1. The original developer says these lots (the 2 + 10) were never intended to be part of our POA.
2. Our articles of incorporation name the sections of land whose owners were to be members. They do not name this other section (2+10).
3. The current owners are asking to be removed from POA since they are subject to dues and assessments but are physically separate and receive no benefit.
4. Over the years, multiple boards have chosen to forego collections on the lots, other boards have collected.

My questions:
1. Can we (the board and/or members) release them from POA membership?
2. Can their property remain subject to the covenants while not being members?
3. What process do we/they undertake to release them?

Their membership appears to be an administrative error. Can this be corrected?

The developer was negligent in deeding the lots and the owners were negligent in buying the lots with the deed restrictions. The HOA should not be on the hook for costs of fixing this.

I would discuss the issue with an attorney with this possible offer to those lot owners.

1. Each lot owner must sign an agreement with the HOA to pay 100% of HOAs attorney fees required to correct this issue.
2. The lot owners shall collectively or individually hire an attorney to make the corrects.
3. Assessments will continue to be collected.
4. If any owner fails complete the correction within 12 months, the lot shall be in the HOA permanently .
DouglasK1 (Florida)
Posts: 2,046
Posted:
In my last association, the number of lots in the HOA was clearly defined in the covenants, do yours contain anything like that or anything else that identifies the lots? How about the verbiage that establishes the association?

Here are some snippets from my last association CCRs:

WHEREAS, XXX is a planned residential subdivision located in XXX. XXX is a subdivision initially containing sixty-five (65) single family lots and common properties

"Lot" shall mean and refer to the 65 individual platted lots in XXX owned by Developer or its successors or assigns, together with the improvements constructed thereon

ESTABLISHMENT OF HOMEOWNERS" ASSOCIATION OF XXX, INC.. There shall be established a homeowners' association, hereinafter sometimes referred to as Association, composed of record owners of each lot.

Escaped former treasurer and director of a self managed association.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By DouglasK1 on 12/03/2025 8:19 PM
In my last association, the number of lots in the HOA was clearly defined in the covenants, do yours contain anything like that or anything else that identifies the lots? How about the verbiage that establishes the association?

Here are some snippets from my last association CCRs:

WHEREAS, XXX is a planned residential subdivision located in XXX. XXX is a subdivision initially containing sixty-five (65) single family lots and common properties

"Lot" shall mean and refer to the 65 individual platted lots in XXX owned by Developer or its successors or assigns, together with the improvements constructed thereon

ESTABLISHMENT OF HOMEOWNERS" ASSOCIATION OF XXX, INC.. There shall be established a homeowners' association, hereinafter sometimes referred to as Association, composed of record owners of each lot.

There are a number of potential issues than can effect this and it varies by declaration.

One issue is the developer is usually not required to complete the development as planned and may opt to exclude lots.

Another issue is there may be a development period and the developer not meeting that restriction requires the vote of the owners to include the remainder or additional lots in the HOA.

Generally, since the developer holds all the authority during the development period, the developer may change the lot number and sizes in different phases to meet his marketing desires.

At best in the given scenario, the developer made an error filing deeds. At worst, he had full intention at some point to include these lots in the HOA and made an error not completing the task.

If I were an original owner of one of these lots, I would get the other lot owners hire attorney and brimg a law suit against the developer and realtor associated with the sale because the HOA was not disclosed to the buyer.

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