I want to explain reasons to homeowners not to disband HOA. Isn’t the HOA listed on title or deed? How hard to remove this?
1 attorney answer
The HOA is part of the chain of title for all of the deeds int he community, BUT an HOA can be disbanded and the previous deeds don't need to be changed...a new document is just recorded making it clear the HOA no longer exists. BUT as you mentioned this is not easy for other reasons and should not be done lightly.
I assume these are single family homes as opposed to condos or townhomes which creates a whole other list of problems if the associations were disbanded.
In a single family home community, Under NCGS 47F-2-118 at least 80% of the residents in the community must vote to terminate the HOA unless your declaration calls for a higher number. From there, many issues must be discussed such as maintenance of any potential common areas and amenities. Each owner is a part owner of the common areas...whether it be a pool and club house or just small patches of open spaces of grass. All of these issues must be maintained. For instance, lets say your HOA has a large plat of grass in your community and you disband. Each owner owns a partial share of that space (if there are 100 homes, each lot owner owns 1/100th of the common area. And say no one takes care of it, and the grass gets overgrown, the city will cut the grass and charge several hundred dollars or more each time they do it and they will charge that amount to each owner...which will affect the ability to sell homes. That is but one of the many concerns to consider when terminating an HOA.