Is it possible for a group of homes to defect from the HOA?

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frebay_IHB

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I live in a community that's managed by Euclid Management where are there are 2 streets and 2 different gates and 40 homes. My street has 12 homes and the other street has 28. We pay 165 a month to Euclid to manage 2 gates.



no common areas

no gym

no pool

no common area landscaping



you get the point.. So the 12 homes on my street want to defect from the current HOA is that possible if we get enough votes? Do I need to become president of the board to table this vote?
 
The short answer is that you need to look at the governing documents for your HOA. This will tell you what all of your options are.
 
[quote author="frebay" date=1235010480]I live in a community that's managed by Euclid Management where are there are 2 streets and 2 different gates and 40 homes. My street has 12 homes and the other street has 28. We pay 165 a month to Euclid to manage 2 gates.



no common areas

no gym

no pool

no common area landscaping



you get the point.. So the 12 homes on my street want to defect from the current HOA is that possible if we get enough votes? Do I need to become president of the board to table this vote?</blockquote>


So the 40 homes pay $165/mo to "manage the gates?" 165 x 40 is 6,600/month. What does "manage the gates" mean?



Is there some other issue you have with the HOA? Since you threw away the CC&R's, I'm thinking you aren't bothered by the rules b/c you don't know what they are.



Have you asked the HOA to solicit bids from other mgt. companies, to cut down the cost?
 
You have as much chance to pull this off as I do to convince Winex and Skek that they are undertaxed.



Good luck to both of us.



<img src="http://www.blogofsandiego.com/Propositions/DQWindmill.gif" alt="" />
 
[quote author="NoThereThere" date=1235020483][quote author="frebay" date=1235010480]I live in a community that's managed by Euclid Management where are there are 2 streets and 2 different gates and 40 homes. My street has 12 homes and the other street has 28. We pay 165 a month to Euclid to manage 2 gates.



no common areas

no gym

no pool

no common area landscaping



you get the point.. So the 12 homes on my street want to defect from the current HOA is that possible if we get enough votes? Do I need to become president of the board to table this vote?</blockquote>


So the 40 homes pay $165/mo to "manage the gates?" 165 x 40 is 6,600/month. What does "manage the gates" mean?



Is there some other issue you have with the HOA? Since you threw away the CC&R's, I'm thinking you aren't bothered by the rules b/c you don't know what they are.



Have you asked the HOA to solicit bids from other mgt. companies, to cut down the cost?</blockquote>


manage the gates means making sure they work. the 2 gates are the only amenities. there is no HOA board, there isn't HOA meetings. we all just pay the 165 per month like it's the kool-aid.
 
[quote author="frebay" date=1235027435]



manage the gates means making sure they work. the 2 gates are the only amenities. there is no HOA board, there isn't HOA meetings. we all just pay the 165 per month like it's the kool-aid.</blockquote>


Say what? A HOA is a group the represents owners. There has to be a board... Who makes the decisions on behalf of the community?



Curiously, are there common walls or fences? Who takes care of the streets, e.g. maintenance, cleaning, re-paving?



<strong>In your first post you asked if you need to become president of your board to make the defection happen. Why would you ask that if there was no board? How could you become president of something that doesn't exist?</strong>
 
Legally, there must be an HOA board. It may be defunct, but the officers are still in place (unless they moved) and legally responsible for the corporation. (ianal)



You better get a copy of the CCRs from your neighbors, or I think they are on file with the county, but expensive to duplicate.



You may have to threaten a lawsuit to reconstitute the HOA, and run for president yourself to change this.





(this is just another example of why I will never, ever live in someplace with an HOA)
 
<blockquote>the day they gave me the cc&r?s, i threw them away. </blockquote>


Why would one throw away the governing documents and then ask a forum for information that is clearly explained in those documents?



This lack of personal responsibility thing drives me nuts. Why would one even purchase a property without fully understanding the rules that pertain to the property?



No wonder so many people need the government to bail them out.



Snark is deserved in this case.



sheesh!!
 
I believe HOAs are legally obligated to send a copy their annual operating budgets and probably also their annual report. If people are paying a property management company, there is an accounting. If there is an accounting, there are budgets, reports, etc.



Other things that could be included in the monthly fee would be insurance (just in case little Johnny gets his hand chopped off by one of the gates), reserves for sidewalks (I assume you have those - ever wonder who owns them?), etc.
 
[quote author="ipoplaya" date=1235027767][quote author="frebay" date=1235027435]



manage the gates means making sure they work. the 2 gates are the only amenities. there is no HOA board, there isn't HOA meetings. we all just pay the 165 per month like it's the kool-aid.</blockquote>


Say what? A HOA is a group the represents owners. There has to be a board... Who makes the decisions on behalf of the community?



Curiously, are there common walls or fences? Who takes care of the streets, e.g. maintenance, cleaning, re-paving?



<strong>In your first post you asked if you need to become president of your board to make the defection happen. Why would you ask that if there was no board? How could you become president of something that doesn't exist?</strong></blockquote>


i'm sure there might be a board but it might be defacto. For example, there hasn't been a hoa meeting in 4 months. when there was one, it wasn't in someone's garage but in the chamber of commerce 5 miles away.
 
[quote author="xsocal land merchant" date=1235030701]<blockquote>the day they gave me the cc&r?s, i threw them away. </blockquote>


Why would one throw away the governing documents and then ask a forum for information that is clearly explained in those documents?



This lack of personal responsibility thing drives me nuts. Why would one even purchase a property without fully understanding the rules that pertain to the property?



No wonder so many people need the government to bail them out.



Snark is deserved in this case.



sheesh!!</blockquote>


wow! harsh! unfortunately i have lived in HOA communities all my life, and it just comes down to pay ur bills on time, and if there is a problem go to a board meeting to complain or constantly sending them emails. the binder and the 5 binders i was given everytime i closed a house was a waste of space. also, i would assume 95% of the stuff in the cc&r's are all the same.
 
frebay



<blockquote>the binder and the 5 binders i was given everytime i closed a house was a waste of space. also, i would assume 95% of the stuff in the cc&r?s are all the same. </blockquote>


You are correct that a lot of it is "boilerplate" but a portion is unique and pertains to the specific HOA. It is really a good idea to read and understand the rules and regulations that affect your lifestyle and may limit some people from buying when you resell.



I like to be an informed buyer and know what the limitations are that affect my property.



Not harsh but aware.



enjoy!
 
[quote author="no_vaseline" date=1235023644]You have as much chance to pull this off as I do to convince Winex and Skek that they are undertaxed.

</blockquote>


Are they undertaxed or do we just demand too many services?



As a side note, er, main note, the CC&Rs; would dictate the rules for HOA meetings.
 
[quote author="frebay" date=1235032748]



i'm sure there might be a board but it might be defacto. For example, there hasn't been a hoa meeting in 4 months. when there was one, it wasn't in someone's garage but in the chamber of commerce 5 miles away.</blockquote>


Some HOAs only meet quarterly. Some may handle most of their business via email quorum... I'm sure it would be quite easy to find out how your monthly HOA payment gets spent via the annual budget. If $100 per month per house is going toward maintaining a couple of gates, my guess is someone on the board owns the gate maintenance company.
 
[quote author="No_Such_Reality" date=1235041279][quote author="no_vaseline" date=1235023644]You have as much chance to pull this off as I do to convince Winex and Skek that they are undertaxed.

</blockquote>


Are they undertaxed or do we just demand too many services? </blockquote>


Not to hyjack this, but IMO those are two sides of the same coin, but I think we/they/me/us are making two different arguments.



I contend we are undertaxed and demand too many services, Winex and Skek contend that we are overtaxed and government is full of waste and fraud and abuse.



And OP isn't getting out of the HOA.
 
[quote author="frebay" date=1235010480]I live in a community that's managed by Euclid Management where are there are 2 streets and 2 different gates and 40 homes. My street has 12 homes and the other street has 28. We pay 165 a month to Euclid to manage 2 gates.



no common areas

no gym

no pool

no common area landscaping



you get the point.. So the 12 homes on my street want to defect from the current HOA is that possible if we get enough votes? Do I need to become president of the board to table this vote?</blockquote>




Does the $165/month include exterior repair/maintenance reserves, fire insurance, liability insurance, etc.?



My parents lived in a town home in Buena Park for about 10 years. We've always wondered what the $120 HOA fee was for (other than weekly landscaping) until the painters and roofers came to repaint exterior walls and replace all roof tiles. Oh and the community's streets and guest parking area was re-surfaced (tared?).



When I lived in Placentia, the HOA sent cleaning crews to pressure wash exterior walls and wiped some windows. I was wondering why all the units looked "clean" outside when I bought the place.
 
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