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Ask CalAttorney2 Your Own Question
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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Is there a way to separate from a HOA? My home is part of a

Customer Question

Hi, is there a way to separate from a HOA? My home is part of a gated community, however it is not inside the gated community. It is located on a public city street with garage and front door access from the public street. I pay a HOA that is supposed to pay for the pool (which I was never provided access to) the streets within the gated community, landscaping, the utilities associated with the street lights and pool, and landscaping. Again, my home is 100% outside of the gated community. I would like to know if being separated from the community is an option and if so how would I go about starting that process.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Unfortunately separating a property from an HOA is not a very simple matter. A common interest development is both a matter of contract, but also a set of "reciprocal easements" created between the parcels. It is possible to do this, but you must get the approval of the Association (usually by super majority vote) to allow you to withdraw from the association. This will then be recorded with your property.

This is very rarely successful.

(You will want a lawyer to help you with this to ensure that your property is properly withdrawn, you don't want to do this in half measures and find out that there is a "cloud" on your title due to an improper or partially completed transaction).

You are entitled to have access to all of the HOA amenities that are identified in your CC&Rs (while some HOAs do have tiered ownership - so not all owners have access to everything, they also don't pay for everything - that does not appear to be the case in your situation). You can sue the HOA for breach of contract and breach of fiduciary duty to enforce your rights.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.

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