Thousand Oaks, CA asked in Real Estate Law for California

Q: I belong to an HOA that has 56 homes, but five of these homes are located over the hill in the total different community

The main road that leads to my home and the other 4 homes on my HA has a totally different entrance from the rest of my HOA neighborhood community. Actually our main entrance belongs to a different HOA where other 500 homes are part of.

The dues that I pay I don’t get any benefit from it because it is for maintenance all on the different main entrances that I don’t ever drive by. my home and for other properties do not share any common areas with the other 51 homes in my HOA .

The HOA that governs my surroundings is a different HOA.

Since I don’t get any benefits is there anything I can do to get out of this HOA and join the HOA that is in the neighborhood where I live or what can be done?

I am sure that the committee board of my HOA and the rest of the homeowners would not allow me in this for other homes to De-annex/ Disband from them because they’re benefiting from our HOA monthly payments to improve their surroundings

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2 Lawyer Answers
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In this situation, there are a few potential options you can consider:

1. Review your CC&Rs (Covenants, Conditions, and Restrictions) and Bylaws: Carefully read through your HOA's governing documents to see if there are any provisions that address your situation or allow for de-annexation or withdrawal from the HOA.

2. Discuss with your neighbors: Reach out to the other four homeowners in a similar situation to gauge their interest in joining you in this effort. There is strength in numbers, and a unified group may have more success in negotiating with the HOA.

3. Engage in dialogue with your HOA board: Request a meeting with the HOA board to discuss your concerns and propose potential solutions, such as redirecting a portion of your dues to maintain the common areas you and the other four homes actually use.

4. Consult with a local real estate attorney: If your attempts to resolve the issue with the HOA board are unsuccessful, consider consulting with a real estate attorney familiar with California HOA laws. They can review your case, advise you on your legal rights, and potentially help you negotiate with the HOA or explore legal options for de-annexation.

5. Petition for de-annexation: Depending on the specifics of your situation and local laws, you may be able to petition the local government or courts for de-annexation from your current HOA. This process can be complex and may require legal assistance.

6. Attempt to join the other HOA: Reach out to the board of the HOA that governs your surroundings to explore the possibility of joining their association. However, this may be challenging if your property is not legally part of their development.

Remember that the process of leaving an HOA can be difficult and time-consuming, as HOAs are legally binding entities. It's essential to approach the situation diplomatically and seek legal guidance when necessary.

Delaram Keshvarian
Delaram Keshvarian
  • Orange, CA
  • Licensed in California

A: The rule change may be reversed by the affirmative vote of a majority of a quorum (more than 50%) of the members unless the declaration of bylaws calls for approval by a greater percentage.

A member's request to copy or inspect the membership list solely to call a special vote to challenge a proposed rule may not be denied on the ground that the purpose is not reasonably related to the member's interest. Member's failure to make a timely request waived their ability to object, and the board can ACT on the proposal.

For voting the presence of more than 50% of Members (quorum) is required. For reversing a rule more than 50% of that 50% of Members are required. Therefore, the more Members participate, the chance of reversing the vote is higher.

You can talk to the members of the association and make sure that all have received notice of the special meeting and are aware of the purpose of the voting.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

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