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Can I get rid of homeowner's association CC&R's?

Frisco, TX |
Filed under: Real estate

The HOA I'm in nit-picks everything, and always say that they haven't gotten my dues even though the checks have been cashed. Is there anything I can do legally to get rid of them?


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Attorney Answers 2

Posted

No.

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1 comment

Sarahjane Davidson

Sarahjane Davidson

Posted

Hit enter before finished, although the answer is still generally no. The only way to get rid of the CC&Rs is for the required number of homeowners in the association to vote to abolish the association. The HOA's governing documents may spell out what percent that is, and if not, the statutes/laws governing HOAs will apply which will likely require unanimous vote. The likelyhood of that happening is probably nil.

Posted

The short answer is probably not. Often, the voting is weighted in favor of the developer. Therefore, the homeowners are usually unable to repeal the CC&R's. However, it wouldn't hurt to review the CC&R's to get an understanding of the voting procedures of your HOA. If you need assistance, you may always hire an attorney.

The above statements are provided as general information and not intended as legal advice. Each matter has its own set of unique circumstances that cannot be adequately addressed without consultation. You are strongly advised to hire an attorney licensed to practice law in your state to represent you.

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