A homeowner's association that is legally formed and operating should be dissolved only under the guidance of a licensed real estate attorney. The dissolution must be in accordance with applicable state law, as well as any provisions for dissolution in the HOA bylaws. These generally require that a majority of the homeowners vote to dissolve the HOA, although some HOA bylaws require as much as a unanimous vote for dissolution.
When you purchased your living space, you agreed to become a member of the association that governs the community. It may be a legal corporation within the state where it exists.
You are no longer a member of the association when you sell your living space.
Otherwise, while you own your living space, you are obligated under the governing documents to pay assessments and behave according to the civility guidelines established for the community.
If you rent or lease your living space, your tenants are also obliged to live in the space under the guidelines established by the governing documents, except that they cannot vote on association business.
Read your governing documents to determine the conditions under which and the process by which one can dissolve or terminate your association.
Essentially, this is difficult, since the association was formed as a land-use scheme. What you may find is that unless there was a disaster that rendered the community essentially uninhabitable and the real estate assets not recoverable, dissolution may not be possible.
You can pursue this option with a local, common interest community-savvy attorney.
As an alternative, you can sell your property to separate yourself from the association.
Read your governing documents which define the process necessary to remove any director, regardless of the office held.
Usually, the board can remove an officer -- with or without cause -- and can position the director in another post.
As well, a percentage of owners -- your decs define the number -- can call a special meeting, with an agenda and official notice, and vote to remove a director from the board, which would effectively accomplish the task.
Since members elect directors, and board members agree on which office each should hold, the removal of a president can take either route.
You can get out by selling your home.
If the HOA agrees to let you out, you can opt out, but in neighborhoods, this is unlikely. If there is some legal problem with the HOA, you can challenge it's legitimacy, but again, this is rare. If enough members want to eliminate the HOA, it can vote to dissolve itself.
'Get rid of' assumes you are not a happy owner in a community that -- by land use law -- is defined as a common interest community.
A common interest community -- HOA, co-op, or condominium -- is governed by a board.
In one form or another -- by one owner or another -- every board is made up of directors that are either appointed by the developer or elected by owners.
Read your governing documents to determine how your existing board was appointed or elected, and their responsibilities.
Once you understand how your directors are empowered, and their responsibilities, you can work to make the changes you want.
You would have to find out the laws associated with your house, condo and/or land agreement.
In order to leave an association in any state, you can sell your property and turn the title over to a new owner.
Notice that they used the word 'association' in the name. Check to see whether they are a corporation or an organization. Corporations have capacity to contract, associations do not.
They can if the streets are owned by the home owners' association rather than by a municipality.
No. Unless there is a specific entry in the governing documents that forgives the president's obligation, the president pays assessments, just like every other owner.
Generally, you'll need an e-mail address to accomplish this task. Your board or your property manager can supply you with the contact details for your president.
The web address of the Dennisville Historic Home Owners Association Inc is: http://dhhoa.dennistwp.org
Because a home owners association is probably a corporation, you could ask the same question of Boeing's president or the president of Goldman Sachs.In those corporations, the subject wouldn't come up, because in those corporations, the transfer of roles and responsibilities is handled by more than just one person.Whether it's legal or not isn't the issue; whether it's childish or not may be a clue to what's really going on in this question.It is the responsibility of the president to turn over all the materials relevant to the position and relevant to the governance of the association to the newly elected association president.This action should be and can be monitored by the board of directors and the membership, composed of other owners.
It is possible. Read your homeowners contract it should say something about things like that.
Generally, according to the site, below, Articles of Incorporation are required for any home owners association. An association-savvy attorney in North Dakota will be able to answer your question with precision.
Yes. You can withdraw by selling your unit. Your unit is permanently connected to the association, by law.
The address of the Dennisville Historic Home Owners Association Inc is: Po Box 311, Dennisville, NJ 08214-8214
Although your association may be a valid Florida non-profit corporation, grants are not generally a source of income. Association income is based on assessments paid by owners.
Your home owners association may be requiring you to follow your governing documents. You can ask for a clarification of the violation for which you are being notified. Further, read your governing documents so that you understand the process the board can follow when 'curing' a violation. If you believe that contact from the home owners association is valid 'harassment' -- that you are not in violation of any covenant, condition, regulation, restriction or by-law -- you can involve the police.
Your answer depends on the association's motivation for the request. If, for example, you are proposing a major project that can hamper, harm or otherwise use common areas -- including roads and landscape owned by the association -- the association may require that you insure these assets. Your broker and the association's broker can work out the details and concretize the requirement.