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Regardless of the failure of the developer, owners purchased their properties subject to and with the benefit of the provisions of the HOA. Also, any purchaser of the developers rights in the subdivision will acquire all the developer's rights in the property including those under the HOA. An HOA is considered an asset to the continued value of a subdivision.

If you and all the other owners wish to extinguish the HOA you should consult with an attorney who specializes in real estate law.

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10y ago
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6mo ago

It depends on the specific laws and regulations in your area, as well as the terms of your HOA agreement. In some cases, it may be possible to dissolve the HOA if a significant portion of the development was left unfinished due to the builder's bankruptcy. However, you may need to consult with a real estate attorney to understand your rights and explore your options.

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Q: Can you get out of a HOA if your builder went bankrupt and less than 50 percent of the development did not get finished?
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