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  1. #1
    moondriver is offline Junior Member
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    Dissolving Or Withdrawing From Homeowners Association

    What is the name of your state? Hawaii

    We are part of a four lot homeowners association. The association was formed by a group that bought a 2.5 acre lot and subdivided it into four 1/2 acre lots and sold them. The four lots all contribute via easements to a circle, which provides access, though it is mainly decorative; if there was no association all four would still have access to the street.

    The bylaws prohibit subdivision and two of us would like to subdivide our lots; the other two do not. In order to change the bylaws we need a majority, which we cannot achieve.
    We would both like to withdraw from the association, or else dissolve it. I know dissolving a HOA is next to impossible, but what does it take to withdraw from one?

    Thank you very much,
    Steve
  2. #2
    lcannister is offline Senior Member
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    Quote Originally Posted by moondriver View Post
    What is the name of your state? Hawaii

    We are part of a four lot homeowners association. The association was formed by a group that bought a 2.5 acre lot and subdivided it into four 1/2 acre lots and sold them. The four lots all contribute via easements to a circle, which provides access, though it is mainly decorative; if there was no association all four would still have access to the street.

    The bylaws prohibit subdivision and two of us would like to subdivide our lots; the other two do not. In order to change the bylaws we need a majority, which we cannot achieve.
    We would both like to withdraw from the association, or else dissolve it. I know dissolving a HOA is next to impossible, but what does it take to withdraw from one?

    Thank you very much,
    Steve
    Hire an Atty to go over your paperwork and go from there. Withdrawing your NAME does not mean you do not have to follow the rules and regs.
  3. #3
    moondriver is offline Junior Member
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    Thank you. Yes, I realize that it is the deed to the property that carries the covenants requiring the owner to obey the bylaws and other rules of the HOA, and that even the sale of the property simply transfers that responsibility to the new owner. I'm talking about withdrawing the PROPERTY itself from the HOA. Removing the HOA's binding covenants from the property's deed.
    I wonder if it is possible.

    Thanks again,
    Steve
    Last edited by moondriver; 01-23-2007 at 12:36 PM.
  4. #4
    nextwife is offline Senior Member
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    Quote Originally Posted by moondriver View Post
    Thank you. Yes, I realize that it is the deed to the property that carries the covenants requiring the owner to obey the bylaws and other rules of the HOA, and that even the sale of the property simply transfers that responsibility to the new owner. I'm talking about withdrawing the PROPERTY itself from the HOA. Removing the HOA's binding covenants from the property's deed.
    I wonder if it is possible.

    Thanks again,
    Steve

    THe E&R's "run with the land" and are part of the deed. THe only way to withdraw is if ALL the parties in the HOA agree to release you. And if they do, you need to have your RE attorney draft an appropriate ammendment to the current E&Rs to record, that allows your withdrawal and that the other owners sign and notarize. You can't just withdraw- you bought the land with those E&Rs as part of the package.
    Last edited by nextwife; 01-23-2007 at 10:43 PM.
  5. #5
    moondriver is offline Junior Member
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    Thanks.
    I think it's rather hopeless. The other two owners are entrenched. Each lot gives up 2,000 square feet of its land via an easement to a circle that basically does nothing but add ornamental value. Two of us want to put gates on the circle, but the other two don't want to pay for them. We cannot subdivide, the same two of us want to and the others, who don't want to pay for the gates, do not. The lots are 20,000 sq. ft. each, and too big to maintain. The two who do not want subdivision allowed don't maintain their lots; they are jungle and brush. We'd like to disassociate ourselves completely. We tabled a motion to dissolve the association and it was the same two for, the same two against. We made another motion to get rid of all bylaws except the maintenance of the circle. Again, same two for, same two against. So it's VERY frustrating.

    Thanks for your help.

    Steve

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