Break Away from HOA

Started by RobertE2 • 7 replies • 2302 views

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RobertE2 (Texas)
Posts: 2

Posted:

Our complex has two types of residences,70 condos and 15 townhouses, each with different building structures. Has anyone been involved in splitting their HOA association into two organizations? The costs for condos are much higher as they are older and need more repairs.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Probably; but you will need a vote of the membership to do that. With a 70/29 split, how are you going to get the votes needed?

How did you lose your sense of "community"??

SusanW1 (Michigan)
Posts: 5,202

Posted:

70/15 split

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Its possible. The biggest issues would be:

- Your use of common areas would be dead.
- Votes (might not be a big problem)
- Land (talking the city to subdivision, but you will need to survey)

Its a big project. Expensive for 15 people.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Right you are Steve, IMO.
Just to dissolve the Condo would be expensive, then you have to form two, that means two fo everything. You would have to redo state corporation papers, any bill that the association pays, and on and on.

Susan is also right, when and why did you lose your sense of community, I got a feeling that is a long story.

Now if this place is really a condo, don't you all pay apportions assessments? To change that usually takes 100 vote (Good luck).
But you know everything can be worked out with the proper motivation. Has the BOD thought of getting a professional company to come in and maybe offer some alternatives, if you all can't resolve this.

A reason for wanting to do this is presented as; Condos age faster than Townhouses." If this is true, and I am not doubting what you say for your complex, the try and find ways to mitigate this problem. This should all be considered under your Master Deed and that is why apportions are used. If not, this could be a method of resolving your problem. I just don't know, but holding the community together should rank up there close to the top. I also question this aging statement, because there is no mention of what is covered by the regime in the townhouses. Condo apportionments are pretty standard, Townhouse maintenance coverage can be all over the place.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Robert,

Do both sections operate under the same set of CCRs and are the assessments the same for both?

RobertE2 (Texas)
Posts: 2

Posted:

Assessments and CCRs are the same for both. Any thoughts?

RobertR1 (South Carolina)
Posts: 5,164

Posted:

RobertE,
Yes I have some thoughts.
You pointedly noted the differences because you are condos and Townhouse or something and Townhouses. So this brings up the question, are the assessments the same and the documents the same?

Now for me, I am more than a little confused.

Townhouses, at least the ones I am familiar with have adjoining walls, common roofs, some limited properly, some common property, and receive a certain level of maintenance support from the association.

They are not built like condos in that condo building are usually multistory buildings, town houses can also have several levels but one owner from ground to roof.

Now, I assume all that and just can't get a plausible explanation of why you are dragging out this thread if you are not going to face the realities and tells us what is going on.

You never addressed the apportioned assessments that nearly all condo have to deal with. You are trying to sell that each one on these units are equally valuable, each unit receives the same services, each is equal in size, each has the same view and # of parking spaces and each is the same square feet and each will sell for the same amount. Each will pay the same amount of taxes, and this can go on. I doubt this can be and if I am wrong I apologize.
But if any of this is close to being right, you got more problems than some assumption that condos age faster than townhouses. If that were true then the values of the individual units would be in constant flux, not because of the value put on them by your CC&R's but because of the different deterioration of the property, that the CC$R's are mandated to keep uniformly maintained.

Beats me.

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