Can "common area" in a homeowners association be sold ?.?

Asked by Lot1, Aitkin, MN Mon Sep 14, 2009

Example: Each Homeowner owns outright their cabin and the lot it sits on within the associaation, the surrounding area is known as common area and ownership of the common area is shared equally by all Homeowners in the association. Assume one Homeowner wishes to expand his lot size by 10 feet along one border.
Can any portion of this common ground be sold to benefit one owner, even though not all homeowners within the association agree to sell ? The current association covenants do not address this situation and some members question the legality of selling real property without unanimous consent.

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Kim Eisen, Agent, Twin Cities, MN
Sun Nov 13, 2011
The common answer is usually the best. Get an attorney to look over the association documents. Without someone qualified reading and deciphering the documents of your association, any answer you are given will be too general to really be of use. Many associations have their own rules or may not have the language in the docs to address every issue, so you'll need an attorney who is familiar with real estate and associations.
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CCC, Home Owner, San Diego, CA
Mon Sep 14, 2009
Hi, I'm sure that he most commun answer you are getting Get a LAWYER!

I don't see how could the association sell a common area without the consent of all the members of the association. Is the Board of Directors OK on this?

Maybe , no there is a need to ammend the By laws. What is going to happend with the "profit"? Will the Association pay taxes on it since it is sold by a "company"?
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