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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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I live in an HOA community. We have two HOAs The master HOA

Customer Question

I live in an HOA community. We have two HOAs The master HOA and we are a Sub and have our own because we have our own landscaping included in our HOA. We have had the Master HOA approve paint colors here that we picked . And The Master HOA has there own colors. Sun Hoa have turned in painting Modifcation froms to us fort years. All of a sudden Maser HOA says has to go thru them. I do not believe this is correct. They have approved the colors and a modification form should be able to go through our Board instead of the Master Board.
Also The President of the Master HOA is The President runs an Unofficial facebook page for neighborhood and is paid 24,500.00 for being the activities director Too many hats we feel can she so this.
How do we remove ourselves from the Master HOA. We do nothing with them but we pay dues to them along with our dues
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,I am sorry to learn of this situation.Unfortunately, the way that HOAs (or any other type of "common interest development" - ex. Condo Association, HOA, etc.) works is through a set of "reciprocal easements" - meaning that these are recorded obligations against each and every property that is part of the HOA.This means that while you have created reciprocal easements amongst yourselves to create the smaller "sub HOA" you are still bound by and between each of the properties of the larger "master HOA".Participation in the "Master HOA" is going to be governed by the rules and regulations of that larger association, and you will want to approach it as an individual institution and organization (focusing on it independently will help you address the problems rather than trying to picture it as some larger piece of your smaller HOA - they really should be dealt with individually).-To address the issue with the paint approvals, start with the larger HOA's architectural design guidelines (or whatever your HOA calls these rules and regulations) - this will give you a clearer path for addressing whether or not the past practices by your sub-HOA have a basis to continue in the future, and if they do not, is there a way to propose a rule change (you may need to go through the formal amendment process to do so).-To address the payments to the Board President for activities direction, this is something you will want to address by proposing a change in leadership with the board (voting in new members to the larger board will reflect a change in control and perhaps a change in pay structure/employment for this function). It appears that the board is not hiding the fact that it is paying this individual for these services, so there is not an issue of fraud or breach of fiduciary duty here, but as you identified, it may not be the best use of the Association's money, you can change this by getting new members on the board. If you are unwilling to wait for a new election cycle, and you believe that the board is insufficiently representing the HOA's needs, you can attempt a recall, your governing documents will provide you with the procedure to do this.
Customer: replied 1 year ago.
How to we file a formal Amendment process? To where do we file, where can we get form and is it with state,This is regarding your mention above.Thank you
Expert:  CalAttorney2 replied 1 year ago.
It will be in your governing documents.If your governing documents do not make any such provisions, you will then have to work through the Statutory provisions governing common interest developments:, it gets much more complicated, but in summary it will require a vote of the membership to pass).