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ElaineB (Maryland)
Posts: 1
Posted:
Dear Friends,

Currently, our hoa consist of 212 units (60 townhomes and 152 single family homes). Currently the assessment fees are equal. However, the services are not. The single family homes' streets are owned and maintained by the county (this includes trash collection, street repair, street lights, snow plow, etc.). The townhomes are on private streets in which the association must maintain and pay for (street repair, street lights, trash collection, snow plow, etc.). The single family home residents are very upset at the fact that their assessments are used to upkeep the townhomes. There are no equal services provided for the single family homes. At this point, they would like to separate from the townhomes and form their own HOA. Is this possible to do? In other words, could we have two associations (one for single family homes and the other form townhomes)? If so, how would we go about doing this. Please comment. Thanks
TimB4 (Tennessee)
Posts: 21,062
Posted:
Elaine,

I know it can be done. You will have to have solid legal advise in drawing up the documents and you need to sell it to the memberships to adopt it. If done improperly you could actually end up just removing some of the homes from the Association vs. making two separate ones.

Have the Board contact your Associations lawyer and ask what the process is.

This is the best advise I can offer.

Tim
MaryA1 (Arizona)
Posts: 7,043
Posted:
Elaine,

The BOD may also want to consider amending the CCRs to require separate assessments for the single family homes and the townhomes based upon the services provided. I know this is a requirement in many condo and townhome assn's where assessments are based upon the sq ft of the unit.

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