Can I also be removed from the Homeowners Association? 5 Answers as of July 30, 2013

My homeowners association just signed an agreement with two property owners (former board members) releasing their properties from any further association with the HOA. The owners recorded these documents. They are no longer bound by the restrictive covenants of this neighborhood. The restrictive covenants do not authorize any such act by the board in any way. It makes no mention of any such authority to release certain property owners from the HOA. There are about 30 homes in this association. It seems that the HOA should have to offer the same deal to everyone now. Maybe the HOA has in effect "dissolved" this association by their act. I now do not want to be bound by the restrictive covenants of this neighborhood any longer. I want the same deal that the other 2 property owners received from the HOA. Can anyone offer suggestions on how I should proceed? Has the HOA inadvertently been "dissolved" by this act of breaking apart the HOA?

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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
I don't know. Does the HOA have an atty?
Answer Applies to: New York
Replied: 7/30/2013
Law Offices of George H. Shers | George H. Shers
Unless your Board acted based upon the advice of an experienced real estate attorney or a part of the CC&R of the HOA, then it seems to me what they did is a breach of the CC&R's and is null and void. The existence of the HOA is a covenant running with the land and the Board should not have the power to ignore it. The remaining homeowners should pool their money and get a good legal opinion; if it says the act was illegal, the present Board should be impeached. There is an association of HOAs that you can contact and see if they are of any help.
Answer Applies to: California
Replied: 7/30/2013
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
It is doubtful that the homeowners association has a right to release any owners within the association from the association regulations. Whether this can be done, would depend in part on the governing documents of the Association, and in part on any conditions imposed at the time the association was created, to comply with any department of real estate Subdivision requirements.
Answer Applies to: California
Replied: 7/30/2013
Harper Law Offices, Inc. P.S.
Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
The HOA declaration and bylaws ought to be reviewed to determine if, indeed, the HOA has been effectively dissolved as a result of this activity. It would seem that such conduct would be prohibited without a vote of all the HOA members.
Answer Applies to: Washington
Replied: 7/30/2013
Law Office of Mary Louise Boelcke
Law Office of Mary Louise Boelcke | Mary Louise Boelcke
Have you asked to be released? It seems that is the first step for you. Then look at the bylaws of the HOA. It may address your questions.
Answer Applies to: New Mexico
Replied: 7/30/2013
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