Deeded Property in POA

Started by VirginiaM • 2 replies • 1727 views

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VirginiaM (New York)
Posts: 23

Posted:

I am in a 140 member POA that has 2 beach properties in NY.

I was told by one attorney that you can't leave the association because it is "deeded" to your home. I was told by another attorney that one could easily leave the association by just removing membership from the deed of the home, and that it wasn't a big deal, but once you were out you could not get back in.

There are some homes that do have it in their deed however there are some homes in the association that do NOT have it mentioned in their deeds.

Do you think #1) a person could get out of the association and #2) what about the people that think they are in it but don't have it in their deed...are they in it or not?

RogerB (Colorado)
Posts: 5,067

Posted:

Virginia, if you have a Declaration of CC&Rs check them for the answer. In most states I do not think you can withdraw from an association with manditory assessments. Do the people without mention in their deed pay assessments? If not, perhaps they are just members of a voluntary dues paying social group and not members of the association established by a Declaration of CC&Rs.

VirginiaM (New York)
Posts: 23

Posted:

Where would I find a Declaration of CC&R? I don't think there is such a thing for the Association. The BOD does not have them. I have a copy of the original incorporation document from the State of NY (that I purchased a copy of) but that really doesn't say anything.

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