Subdivided properties - What is needed to keep them in the HOA?

[JamesWhitney]

I am the VP of our HOA ( SkyViewProperty Subdivision). Two of our members are subdividing their land and the applications are in with the County (named SkyViewProperties Subdivision #2 and SkyViewProperties Subdivision #3). One of the members has his Subdivision #2 up for sale, even though the County hasn't approved the division yet. I believe he is taking offers on it and hopes to close as soon as he receives final approval. My question is, how does our HOA make sure that both members' subdivided lots are still in the HOA? Our governing documents only apply to SkyViewProperty Subdivision and not the other two named entities. We want to make sure both lots are part of the HOA due to shared costs for irrigation power and upkeep of a clubhouse we maintain. We have a shared water system that cannot be disconnected from these lots. Thanks.

 

[LdiJ]

I am the VP of our HOA ( SkyViewProperty Subdivision). Two of our members are subdividing their land and the applications are in with the County (named SkyViewProperties Subdivision #2 and SkyViewProperties Subdivision #3). One of the members has his Subdivision #2 up for sale, even though the County hasn't approved the division yet. I believe he is taking offers on it and hopes to close as soon as he receives final approval. My question is, how does our HOA make sure that both members' subdivided lots are still in the HOA? Our governing documents only apply to SkyViewProperty Subdivision and not the other two named entities. We want to make sure both lots are part of the HOA due to shared costs for irrigation power and upkeep of a clubhouse we maintain. We have a shared water system that cannot be disconnected from these lots. Thanks.

You are going to need a local attorney to review all the documents related to the HOA. I would assume that subdividing the lots would not normally take them out of the HOA, but someone local needs to review all of your documentation to be sure.

 

[zddoodah]

My question is, how does our HOA make sure that both members' subdivided lots are still in the HOA?

That depends on the CC&Rs and other governing documents and the laws of your unidentified state.

Consult with local counsel.

 

[quincy]

That depends on the CC&Rs and other governing documents and the laws of your unidentified state.

Consult with local counsel.

The state is Idaho.