How to Remove Homeowners From a Homeowners Association

Homeowners associations are a common feature of newer, large residential developments.

Homeowners associations (HOAs) are created to manage the common areas of a residential development and enforce regulations on the use of a homeowner's property. Homeowners association membership normally is a condition of the property's deed and is not optional for the property owner.



While homeowners often seek ways to "opt out" of a homeowner association because of cost or disputes, a less frequent matter is when the homeowners association wishes to remove a homeowner's property from the association.

Instructions

Process

1. Verify that the property at issue was properly annexed and is within the jurisdiction of the HOA.

2. Review the HOA's Articles of Incorporation or Covenants, Conditions and Restrictions to assess opportunities and restrictions on removing property from the HOA. Processes for both annexing additional properties and deannexing previously annexed properties should be defined in these documents. In some HOAs, the Federal Housing Administration and Veterans Administration must approve of the proposed action.

3. Determine the change in assessment for the remaining properties. Implement the required notice to members and voting process. The HOA's rules will define the level of voting majority (simple majority, supermajority, unanimous, etc.) required for a successful vote.

4. Record a successful deannexation action with the appropriate county offices.

Tips & Warnings

• HOAs should engage competent legal counsel when contemplating a deannexation action.

References

• Layman, Layman & McKinley: Declaration Establishing Covenants, Conditions, and Restrictions for Woodridge View Estates