How To Get Rid Of An HOA When You And Everyone Else Wants A ...

Consider what happens if there is no HOA

It’s important to bear in mind what would happen next if your community were indeed successful in getting rid of the HOA. In many cases, governing verbiage will state that if an HOA is dissolved, the common areas are then joint and severally owned by the homeowners.

“That opens a very ugly can of worms,” cautions Burgess. “If someone is injured in a common area, they would sue individuals personally. So you’re losing the protection of the HOA and gaining nothing because you still own the land and still have to maintain it.”

What’s more, without an HOA at the helm of community maintenance, your neighborhood is now just another bullet point on the municipality checklist.

“You may not even accomplish anything,” warns Burgess. “Say you get rid of the association and the roads are now maintained by the locality; you’ve lost control and are at the mercy of the locality.”

So, that snow removal your HOA would have otherwise handled — probably through a negotiated contract with an independent service provider — is now in the hands of the city, and your neighborhood will just have to wait its turn for service.

Other responsibilities that were likely managed by the HOA and will now fall to residents may include:

• Trash removal
• Security
• Landscaping
• Signage
• Amenities (recreational facilities, pools, outdoor areas, and so on)
• Road maintenance
• Building repair (in the case of a multi-unit structure)
• … and much more

You and your fellow residents will also need to figure out how to navigate any outstanding agreements held by the HOA prior to its dissolution. Service contracts, loans that may be due on community buildings, and allocation of existing funds will need to be managed, and it’s unlikely that every homeowner will feel the same way about how to best approach these decisions.

Realistically, your community may be setting itself up for what will equate to an informal HOA, where a few people may offer to take control of communications and doing the math on shared expenses, but you’ll still be lacking the legal protection and privileges afforded by an official HOA.

If you’ve ever thrown a sideways glance at a neighbor whose backyard tree has extended a branch or two on your side of the fence, consider the vast potential for conflict when it comes to working as a team to run your neighborhood.

“The grass isn’t going to be greener on the other side,” says Burgess.

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Here’s what to do instead

As is true in so many areas of our lives, the key to resolution often lies in communication. When HOA members and board members understand each other’s intentions and responsibilities, an association can operate better. Talk to your board members, talk to your neighbors, and don’t be afraid to ask questions.

Education is the second key aspect of a peaceful HOA. If you’d like a deeper understanding of community management goals — beyond attending meetings and reading through governing documents — CAI has a wealth of helpful resources for homeowners. They can also connect you with a local chapter, which can then help you find an attorney or management company for further assistance within your jurisdiction.

Finally, in rare cases, it may be possible to remove your lot or unit from the HOA, but don’t expect this path to be easy, inexpensive, or beneficial for your neighborly relationships.

In truth, there are few HOA grievances that can’t be solved with a level-headed conversation and assessment of facts. Remember, your HOA is there to benefit your home and your community; you’re all in this together.

“I believe in communication, and I believe in education for everybody,” concludes Burgess. “I think when we communicate and we’re educated, that is the ideal mix of what gets us operating smoothly and everyone understanding each other’s roles. We may not be happy with every decision the board makes, but then at least everybody understands why those decisions are being made.”