Possible to leave association?

I am in a community in Michigan that is roughly 1/5th developed from the original plan. There are about 12 detached homes and roughly 150 attached town homes.

It's amazing how grown adults can act, but the board members are slowly but surely getting a superiority complex. We recently asked for a simple mod, and board members did a stake out and wrote my neighbor and myself up for 5 ridiculous fines/warnings.

My question is, has anyone "left" and/or annexed themselves from the condo association they are a part of?

There are only 4 houses on my street and the nearest neighbor apart from that is 100 yards away.

Your insight is much appreciated.

Those ridiculous things you were cited/fined about RUN WITH THE LAND. As I understand it, anyone, ever, even way into the future, anyone who ever owns that land/lot will be part of the association UNLESS the association dissolves itself (so incredibly rare, it's hardly worth mentioning).

Why on earth would you buy there if you were not willing to live with and abide by those "ridiculous" rules?

Judge,

Sorry, but that's not an option. The only way to get rid of the HOA is if the members vote to have it terminated. Your CCRs should describe the procedure and state the require % of votes which is usually very high. However, while the assn is still under the control of the developer, that won't even happen. As Tracie said, the CCRs "run with the land" meaning they are passed down to succeeding property owners.

I'm curious to know what you were noticed for. Didn't you read the CCRs and understand what you can and cannot do? Surely the BOD is not warning or fining you for anything that you are allowed to do! When you say the board is developing a superiority complex are you sure that you're not prejudiced? Prehaps they are only doing their jobs which is to enforce the covenants. Perhaps your simple modification was not in compliance with the covenants.

Living in an HOA can be a learning experience for everyone concerned. Board members "learn" that they have a job to do, one of which is to enforce the covenants whether they agree with them or not. Members "learn" that they must obey the restrictions set forth in the covenants and also pay their assessments on time or they may find themselves in violation and faced with paying fines.

I think mod = modification.

So, Judge...what was the modification you requested? Was it allowable under your CC&Rs, or are you really asking for a waiver of having to comply with the CC&Rs?

The BOD has a lot of considerations when reviewing a homeowner's request for a modification to the home, not the least of which is whether the modification is allowable under the CC&Rs. There's also nuisance to neighbors, setting a precedent, etc.

What if EVERYONE in your association wanted to make the same modification? I'll give you an example of a modification that was approved by my association way back before I ever owned here. We're townhomes, and we have detached garages in back. One homeowner wanted to extend her deck to the garage (we're kind of split level, so when we walk out of the main floor out back, we're about 6-7 feet above the ground). Well, this is a rental unit, and guess what the kids think is a new, fun play area? Yes, the roof of the garage. Our garage roof warranty is just about voided by the foot traffic up there.

So, perhaps the BOD wasn't just being vindictive after they did their little sting operation (your term, certainly not mine). Perhaps they really do have the best interests of the entire association at heart.

Or maybe when the Board came out to do their pre-approval inspection for your modification request they discovered the violations that had not been noticed before. Now that they know about the violations, it is their responsibility to follow through and require that you correct the violations before they grant approval for any further modifications.

JudgeS (Michigan)

Answer? Move. HOA living is a horrible way to live. (wink)

Speaking from personal experience, the first thing I would do is ensure you are actually part of one! Odds are against you but we won the lottery!

Yes Traci, because the developer and his lawyer apparently didn't do the paperwork properly, not only to register the CCR's on each title BEFORE selling the lots for 2 years! They also didn't do the paperwork that would have ensure residents would have the promised beach access that went along with membership. It would have been a messy legal battle if they tried to force us in without providing the promised asset (beach access). We have forgone our share/claim to the clubhouse, cost of which was incorporated in the cost of each home, when it was apparent the member based HOA was going to be unable to correct that developer screw-up. We were the first to contribute to the legal fund to try to restore the beach access so it wasn't like we were against the HOA per say. Just against being in it if it didn't provide the 'carrots' to offset what we consider some of the 'sticks'.

It is worth checking just in case.