Q: Can an HOA Board ask its members to vote to kick seven properties in a section of the development out of the HOA?
The seven properties are geographically separate from the main part of the community. The Board to seeks to have them removed from the HOA, eliminating their responsibilities to the HOA (i.e., dues, covenants, by-laws, etc.), as well as the HOA responsibilities to them. Is this legal? What are those owners' options?
A: The only competent basis for reviewing that and getting to an answer is reviewing the bylaws of the HOA and the covenants on the properties. Generally, within the constraints of the bylaws, covenants, and state law, an HOA can alter the terms of the contract with the vote of the board or the membership, but there are many provisions of both the usual bylaws, the usual covenants, and state law that make such drastic action difficult. You should consult local counsel familiar with real estate and authorize them to review the applicable documents.
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