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Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6351
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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How can a member of a homeowner association withdrawn

Customer Question

how can a member of a homeowner association withdrawn
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Welcome and thank you for your question. Not being a huge fan of HOA's I can certainly understand your desire to withdraw.

That being said the deed to your property is subject to deed restrictions that are based on the covenants, conditions and restrictions that run with the land in your subdivision. The CC&R's are considered a binding contract between the HOA and you as the owner http://realestate.findlaw.com/owning-a-home/cc-r-basics.html

You would want to check your governing documents to see if there is a provision that permits an owner to be removed and the steps that it sets out to accomplish this. It is unlikely that there is an out in your governing documents. The other option is if your governing documents provide a way to dissolve the HOA. Do you by any chance have a copy of your deed and your HOA governing documents that you could attach?

Expert:  Attyadvisor replied 1 year ago.

Are you online with me?

Expert:  Attyadvisor replied 1 year ago.

Were you able to locate a copy of your governing documents? If there is a way to be released from the HOA it would be contained in those documents. It would be my pleasure to review your governing documents for any membership escape clause for you. Are you having issues with your HOA where they are not doing their job properly? If so you may have a lawsuit against them, they can be removed and it is possible to dissolve an HOA. Let me know how I can help. Thank you for using JA! We appreciate your business.