Operating without HOA for over 25 years...

[sonya71]

What is the name of your state? California
I live and own (1 unit out of 8) semi attached apartment on an acre of land. For well over 25 years there has never been any management of any kind, HOA or a "board of governors" is the wordage used in deceleration. All owners pay individual taxes and have maintained the property as needed without incidence, until now.
A new owner wants to start HOA and it's a 50/50 split with the other owners not wanting it. New owner is holding a vote on board members, and the 50% who are for it have elected themselves to be nominated, the other 50% want nothing to do with it. What's can be done? Can we file a segregation request with the county assessor to split the undivided interest between owners? If so do all owners have to be in agreement?

I should mention that there is a dispute on what exactly we are; co-op, CID, condo's, no one knows. I have not been able to find any county or state information under the name stated on paperwork agreement.

 

[adjusterjack]

I think you mean declarations, not deceleration. Which begs the question - What do the declarations say about forming an HOA? We can't read it so there's probably nothing anybody can say about it other than have it and your situation reviewed by an attorney.

 

[quincy]

What is the name of your state? California
I live and own (1 unit out of 8) semi attached apartment on an acre of land. For well over 25 years there has never been any management of any kind, HOA or a "board of governors" is the wordage used in deceleration. All owners pay individual taxes and have maintained the property as needed without incidence, until now.
A new owner wants to start HOA and it's a 50/50 split with the other owners not wanting it. New owner is holding a vote on board members, and the 50% who are for it have elected themselves to be nominated, the other 50% want nothing to do with it. What's can be done? Can we file a segregation request with the county assessor to split the undivided interest between owners? If so do all owners have to be in agreement?

I should mention that there is a dispute on what exactly we are; co-op, CID, condo's, no one knows. I have not been able to find any county or state information under the name stated on paperwork agreement.

What do you mean by “semi-attached” apartments?

What is the stated reason for creating an HOA?

If you object to the formation of an HOA, have an attorney in your area review the property documents to see if an HOA can be created over an objection by half the property owners.

 

[Taxing Matters]

If you object to the formation of an HOA, have an attorney in your area review the property documents to see if an HOA can be created over an objection by half the property owners.

And ask the attorney too if the fact that the HOA was effectively nonexistent for 25 years would now deprive any new HOA that was created by some homeowners powerless. In some states, if an HOA ceases to function for some period of time the property owners are no longer effectively bound by the HOA covenants. I don't know the law in California on that though, but it's worth asking the attorney that question.

 

[zddoodah]

A new owner wants to start HOA and it's a 50/50 split with the other owners not wanting it.

As phrased, this isn't mathematically possible. Do you mean that the new owner and three others want it and four owners don't?

What's can be done?

You can do lots of things, but a relevant answer to this question depends on the terms of whatever CC&Rs were recorded (which is what I assume you meant when you referred to a "deceleration").

Can we file a segregation request with the county assessor to split the undivided interest between owners?

I've never heard of such a thing. Also, one does not typically file things with a county assessor.

You're going to need to take the relevant documents to a local attorney for review and advice.

 

[sonya71]

I think you mean declarations, not deceleration. Which begs the question - What do the declarations say about forming an HOA? We can't read it so there's probably nothing anybody can say about it other than have it and your situation reviewed by an attorney.

Yes adjusterjack, declarations. My typo mistake.
The CC&Rs states "own your own apartment house shall be governed by a Board of Governors". If I could afford to hire an attorney I would, this is why I'm seeking information on the web.

 

[sonya71]

As phrased, this isn't mathematically possible. Do you mean that the new owner and three others want it and four owners don't?



You can do lots of things, but a relevant answer to this question depends on the terms of whatever CC&Rs were recorded (which is what I assume you meant when you referred to a "deceleration").



I've never heard of such a thing. Also, one does not typically file things with a county assessor.

You're going to need to take the relevant documents to a local attorney for review and advice.

, post: 3720446, member: 696479"]
As phrased, this isn't mathematically possible. Do you mean that the new owner and three others want it and four owners don't?



You can do lots of things, but a relevant answer to this question depends on the terms of whatever CC&Rs were recorded (which is what I assume you meant when you referred to a "deceleration").



I've never heard of such a thing. Also, one does not typically file things with a county assessor.

You're going to need to take the relevant documents to a local attorney for review and advice.
[/QUOTE]


There are 8 units, 2 are owned by the one individual who wants to start the HOA, 1 is owned by her friend who wants to be on the board and the other is owned by a new owner. I own 1 unit, 2 other units are owned by one person and the other by one person who has lived here since built in the 60's. Us 3 owners have lived here for over 25 years a piece.

The real estate agent's state that these "apartments" are co-op's, but the California Center for Cooperative development assistant director stated we were not. We would have to be registered with the state as a nonprofit entity. He could find no information.

 

[sonya71]

As I stated initially, it's been working for many many years peacefully, up until the new owners wanted to make major changes. They want to make fast money renting out their units, which is clearly outlined in the CC&Rs that "owners and immediate family can reside in units"and thats not so much my issue. I just want to know can those who want nothing to do with their forming an HOA, opt out?

 

[BuyLowSellHigh]

In general, no you can't just opt out of an HOA.

Unfortunately, I doubt you will find enough information on a forum in order to successfully fight it without an attorney.

 

[zddoodah]

but the California Center for Cooperative development assistant director stated we were not.

The entity you referred to is a private entity, so I'm not sure why it matters what he or she thinks or whether he or she is competent to assess such a thing.

We would have to be registered with the state as a nonprofit entity. He could find no information.

Huh?

I just want to know can those who want nothing to do with their forming an HOA, opt out?

As I told you previously: "a relevant answer to this question depends on the terms of whatever CC&Rs were recorded." "You're going to need to take the relevant documents to a local attorney for review and advice."

If I could afford to hire an attorney I would, this is why I'm seeking information on the web.

That's great, but again, no one who hasn't read the CC&Rs can intelligently assess your situation. You indicated there are four owners who don't want to be a part of this. Are you really saying that the four of you combined can't come up with enough money for a lawyer to review the documents and advise you?

 

[quincy]

You could see if a legal aid clinic in your area has an attorney who will review your documents for free or at low cost.