Can I legally break away from my Home Owners Association?

Asked by shannon devay, Carrollton, GA Fri Mar 29, 2013

Again, I live in a small Townhome community where the only ammenities are water/trash/sewage. The city has approved me to get my own water meter and I have to pay several thousand to have it installed. Can I legally break away from my HOA by doing this? There isn't any specific clause in my bylaws that addresses this issue.

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5
Clarissa Zum…, Agent, Hiram, GA
Fri Mar 29, 2013
BEST ANSWER
Like everyone below has said, you should definitely consult a local real estate attorney to review the covenants and restrictions, and discuss your reasons for wishing to break from the HOA.

Let us know how it works out!
1 vote
Thank You for your kind advice. This is my last resort as I cannot even sell as they have sabatoged 2 buyers. I am going to proceed. Thanks for the encouragement.
Flag Fri Mar 29, 2013
Kawain Payne, Agent, Seal Beach, CA
Fri Mar 29, 2013
You would need to have an attorney review the HOA's Bylaws with a fine tooth comb to make sure you can do this.

This is a case for an attorney's advice.
Kawain Payne, Realtor
1 vote
, ,
Fri Mar 29, 2013
Probably not that likely. You would need to refer to your HOA Covenants and possibly an attorney for the answers to your questions. An attorney is the only one who can give legal advice.

You are talking about an expensive proposition that may have more negative implications for you later on. Being part of an HOA does have its benefits.
1 vote
Mack McCoy, Agent, Seattle, WA
Fri Mar 29, 2013
You might see if the law firm that drew up the Declaration and CC&Rs is still in business, or ask real estate brokers who market new condo projects nearby for a referral.
1 vote
Alberto Rome…, Agent, Miami, FL
Fri Mar 29, 2013
You should see an attorney about that
1 vote
Can you tell me what type of attorney I need to consult with? Thank You for your help.
Flag Fri Mar 29, 2013
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