Buy common land from HOA

Started by ChadD1 • 3 replies • 6378 views

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ChadD1 (Washington)
Posts: 2

Posted:

Our HOA has been around about 10 years but barely exists. We haven't met in almost 2 years since no members show up. However, it does enforce some of the policies and keeps the community parks/common areas maintained. My question is one of the 'common areas' was set aside by the developers as green space or natural (so it isn't maintained). It is inaccessible to the community as it is completely fenced off. It is adjacent to my property and I would like to buy it from the HOA. Is this possible even if I let them know I will leave it in it's natural state as I just want more property for my kids and dogs? It has no value to anyone else (including the city) since there is no access. I was thinking of letting the HOA know what good they could do with additional funds but we already have more money in our account then we should (a sore subject with me, why not lower the rates?) so I don't think that would convince them to sell.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Chad, you could offer, but in many cases it's not going to be able to be sold.

Many common areas, especially those that are dedicated "green spaces" or "wetlands" (we have one of these in our development) are not allowed by the local municipality and often the Army Corps of Engineers to be altered or sold.

We occasionally have residents who dump yard clippings in our common area that is a protected (dedicated) wetland, and they received a fine from the Corps. . . it was several hundred dollars, but I can't recall the actual amount right off the top of my head.

When we tried to "lease" a right-of-way to a person whose property backed up to one of our other common areas, (he wanted it to have easy access to a remote part of his own property), we discovered that not only could we not do that (lease a right-of-way), but we could not sell that patch to him either.

Which we really wanted to do, as it is a long narrow strip, is difficult to maintain, and adds no real value to the development.

Except that when the developer initially put in his plans to the Property Zoning Board to get approval for the development, a specific minimum amount of "green space" is mandated based on a formula that I don't understand. It also limits how the lots are divided up, too, regarding minimum size, etc.

At any rate, our covenants do not allow any common area to be sold.

If the HOA dissolves, there's some procedure for deeding it to the city, but, frankly, I've never really looked into that.

Anyway, long story, longer, you can ask, but don't expect a positive outcome.

ChadD1 (Washington)
Posts: 2

Posted:

This land has 'Tract B' land next to it which is owned by the county and can never be sold or developed. This common land I would think could be especially when/if the HOA dissolves. However, it is useless to the city and was hoping to buy now as who knows when the disolution would happen. Thanks for the input and it doesn't hurt to ask.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Chad,
As MIchelle has said, the land might be part of a larger designation, not even the HOA may be aware of currently. Washington has many environmental areas that may be owned by the HOA but not something that the HOA can alter, sell or use.

Some States, such as Florida have Preserve areas whic help in water management and also enhance wildlife areas. So my best advice is to find these answers. probably from your County if you don't have access to the original platts from the Developer. If as you said, this land is next to a TractB, this might be the reason why it cannot be sold.

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