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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Looking to de-annex an entire section of homes from an HOA,

Customer Question

Looking to de-annex an entire section of homes from an HOA, but don't know where to start.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Unfortunately, this is much more complicated than it sounds.

An HOA is built based on reciprocal obligations in your property titles - it is not simply based on what you believe you use - your post says "we don't need their amenities" or what you think might be fair.

It is possible to get properties removed from an HOA, but doing so is incredibly difficult, and it happens very rarely - if you want to go about challenging this, hire an attorney early on, and expect it to take a long time.

If your assessment of the situation is correct (I would speculate that you probably are right), that the larger HOA "needs your money" - don't expect this issue to go easily, and your odds of success are going to be very small.

You can consult with a local attorney (they can review your specific deed restrictions and help you make a much better analysis of what your documents say, and how this will likely play out), but be very realistic about this matter - when you buy into an HOA, you really are buying the property with those restrictions and everything they entail).

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