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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7404
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We have a small 20 home subdivision that is connected via a

Customer Question

We have a small 20 home subdivision that is connected via a HOA to a much larger subdivision across the street, how do we dissolve our association with them and form our own HOA or simply just not be a part of theirs?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.
Hello. You say that your subdivision is "connected via a HOA" to a larger subdivision across the street. Is there only one HOA for both subdivisions or is there a separate one for each subdivision? From what you say, it would appear that there is only one and it governs both subdivisions. Correct? If so, then the HOA itself by its Board of Directors would have to vote to separate your subdivision and permitted to form its own HOA with a board comprised of residence only from that. I have a feeling that you are coming here because you have already tried that approach and failed. It would take a lot of legal work to get it done because your CC&Rs will have to be amended, plus a new HOA formed. The legal costs would be considerable. I hope that this information is helpful.