Question Details

Abbie Taylor,  in Las Vegas, NV

How do you disband an HOA?

Asked by Abbie Taylor, Las Vegas, NV Thu Jun 2, 2011

Help the community by answering this question:


Step 1 is definately to hire a lawyer who works in the area where the property is located and knows the federal, state and local legal implications. I've helped to buy a condo complex governed by an HOA - 100% of the condo owners agreed to sell the complex to a developer. Once the developer purchased all the condos from each owner and the common areas from the HOA, they dissolved the HOA, tore down all the structures, and built a shopping center on the land. During this process, the lawyers told me it could not have been done if any single condo owner had refused to sell their unit.
Good luck!
1 vote Thank Flag Link Thu Jun 2, 2011
HOA's are intended to protect the interests of owners and maintain and regulate the operation of the community and its common elements including pools, elevators, ground maintenance, insurance, reserve funds, debt etc.

These community associations are governed by an extensive set of by-laws that each community resident agrees to abide by upon initially entering the community.

The act of disolving a homeowner's association is a very serious undertaking with an endless amount of serious implications that would need to be studied and agreed to by the associations membership.

Today's most common reason for the disbanning of of an HOA is a direct result to the current housing issue, resulting is vacancies, foreclosures, and inability of the association to maintain financial liquidity.

Any serious effort to disolve the HOA should be done through the existing HOA membership and support of legal counsel.
1 vote Thank Flag Link Thu Jun 2, 2011
Read the HOA documents. Then consult an attorney.
1 vote Thank Flag Link Thu Jun 2, 2011
Don Tepper, Real Estate Pro in Burke, VA
First step is to consult an attorney
Web Reference:
1 vote Thank Flag Link Thu Jun 2, 2011
Hi Abbie...

The by laws or articles of incorporation should explicity describe the process, and our by laws require 80% of the homeowners to agree. I would read those carefully, and I also agree you should consult a good attorney!
Best wishes, Jim, American Bank.
0 votes Thank Flag Link Fri Jun 3, 2011
It will depend on how the HOA is written and recorded at the courthouse. Many HOA docs I have seen require 80% of owners to agree with simple bylaw changes and it is often impossible to get that many to agree on anything let alone something as major as removal of the HOA in total. Parting the Sea might be easier.
0 votes Thank Flag Link Thu Jun 2, 2011
Abbie it is going to depend on how many units there are, if say it is a dulex and was turned into a condex and only 2 units, if teh same owenr owns both it is an easy process through an attorney and changing the deeds. If it is a large complex, it will be near impossible as you have local building departments that allowed teh HOA, teh state AG that approve dit and alot of individual deeds, Your best bet is to ask an attorney to review.
Web Reference:
0 votes Thank Flag Link Thu Jun 2, 2011
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