Profile picture for friar120

Can a property owner quit being in a HOA?

Is there a way for one to remove their property from A HOA in Colorado?  If so, what would be the consequences of owning non-HOA property in the midst of a HOA?  We have been property owners in a CO HOA for 23 years and would like to get out of the HOA.
  • November 01 2011 - US
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Answers (10)

Let me suggest you get an attorney to assist you in this matter. It can be very sticky. A Real Estate Attorney who has had experience in HOA should be your first contact. They will best assist you with what you can and can't do. Having been there for so long certainly makes it harder. You might not have any other choice than to move but an attorney will know the ins and outs of the matter. Good Luck! 
  • November 07 2011
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There are several ways to dissolve a HOA. What is your issue with the HOA? There may be easier and less expensive routes to achieve your goal(s).
  • November 02 2011
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Profile picture for Ofe Polack
This is  a legal matter, why don't you discuss it with an attorney, we can't provide legal advice and have not seen the HOA registration documents.  Thebest of luck!
  • November 02 2011
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I recently sold an Airpark Fly-In Hangar Home near Chicago that the HOA/membership/runway dues were optional and so far behind that it caused the transaction to fall apart. The problem or reason it was optional was that the dues were not tied to the tax ID #. So someone could live there, but not use the hangar and runway behind the house. The association had a big sign posted just off the property advising all lookers and buyers of the situation.
  • November 02 2011
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Profile picture for Sharon Lewis
I agree with Mike, if you do find the answer let the world know. HOA's are so problematic. On the one hand they stabilize the look of the neighborhood, on the other hand they are just too intrusive in some cases. Its one of the complaints we hear a lot . What I always suggest to my clients is, get on the board of the HOA, so you have a say or at least attend the meetings and let your voice be heard.
  • November 02 2011
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Profile picture for Connie Klemme
some HOA by laws do have terms for exiting the HOA.   it's not easy - but that's where you start.   I have seen it done here- but in newer neighborhoods the HOA agreements have been written better and don't have those buried exit clauses in them. 

here's a thought though.   since your HOA has been around for so long.. do you think that it's possible that others want out as well?  if so- look for terms to disolve it- usually that's something like a 2/3 yes vote of all members.

but there are MANY factors to consider- if your HOA provides road maintenance and the roads are private- and you don't get the city or county or state to take over road maint- it could not only become a problem of managing the road but selling houses in the neighborhood on FHA loans.   many things like that to consider.   
  • November 01 2011
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Profile picture for the_country_hick
Filing a lawsuit and spending perhaps $millions might do it.

Take a look at your HOA documents. If they have a way to change the terms, conditions, and requirements of the HOA you may find a way to have all owners vote to eliminate the HOA completely. Only a lawyer looking at those documents can say anything for sure.

I do not think there is anyway for just one owner to opt out. That would ruin the entire concept of a HOA but if all the residents of a HOA voted (legally in accordance with the HOA documents) at a HOA meeting it might be possible to legally unincorporate the HOA completely. It also may not. The founding documents determine everything.
  • November 01 2011
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Profile picture for B Mike West
If you fand an answer to that one you should probably share it.  Probably 80% or more of all homeowners in an HOA would LOVE to get out of that situation!  Let us know
  • November 01 2011
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Profile picture for wetdawgs
That would be a good one to run by your lawyer.  

What services does your HOA provide?  The one I belonged to in CO plowed the streets, paid for trash pickup and mowed a couple of paths.
  • November 01 2011
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Profile picture for sunnyview
I don't know what the law is in your area, but in my area the HOA is recorded along with the property at the time of the subdivision so you can't remove it.

You might ask an attorney in your area if it's possible in your area. There are CO attorneys on Avvo that will answer one question for free. The might be able to give you suggestions.
  • November 01 2011
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