We have been asked about dissolving the HOA, so we thought we'd post some information. This information is not all inclusive, but touches on the more difficult points.
First, a vote of all 178 homeowners would need to be taken and all 178 would have to vote to dissolve the HOA. This can be tricky as we have a several owners that live out of Utah and out of the Country. It might be difficult to convince them to vote to dissolve an HOA and we are not sure the 18 homeowners with common area as part of their property would be pleased with what it will entail.
Second, there are 4 waterlines that feed our grass and trees that would need to be capped off (if Davis Weber Water Co would allow it). The 18 homeowners along the park strip would be required to change their sprinkling system (if they have one) to add the sprinklers behind their homes to their systems. If they don't have one, they would have to figure out a way to get water over the fence to the grass and trees behind their homes. Clinton City has already told us that they will not allow cement or xeroscaping to be be put in to replace the grass. The HOA isn't currently making a profit on the dues, so there won't be excess money to help these homeowners make the changes without large assessments. The 18 homeowners would also need to mow their park strip regularly, even if they are in the middle of the fence and have to walk all the way around. They would also be responsible to maintain the trees.
Third, legally changing 178 home owner's titles. All 178 titles in our community have the HOA and CC&Rs recorded within them. The common area is listed within those CC&Rs so the CC&Rs would need to be recorded as dissolved along with the HOA. We would need to go to the County Recorder with a legal document prepared by an attorney, that would be recorded against all of the properties. We are not sure how much that would cost, but the Davis County Recorders Office Website states 10 dollars for the first page, 2 dollars for each additional page, and 1 dollar for each legal description on the document after the 1st one. This might need to be done for each home, we would have to look into it further with an attorney.
There are a few people in the community that believe that if we just ignore the HOA, then it will just go away. It won't go away, 178 homes have an HOA recorded for them, the grass and trees needs to be maintained and Davis Weber Water Co has to bill someone for 4 lines of water. We all have CC&Rs recorded for our titles (even if we didn't know about it upon purchase of our homes) and therefore, they are legally binding agreements.
As your HOA Board, we are not opposed to dissolving the HOA, but realize it is much more difficult than just forgetting about it.
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7 comments:
Since Ivory hasn't ever taken care of park strip, what has happened to it? Why would the water lines all of the sudden have to be capped off? And who was mowing the lawn when Ivory wasn't? Maybe the 18 homeowners that really own the land can create their own HOA. Afterall, it is their land, isn't it? I'm sure a majority of the other homeowners would be just fine paying to get this ugly HOA off their titles. I know I would. I'm personally all for getting this HOA dissolved and would love to see more time and effort put into getting rid of the HOA instead of getting the HOA up and running.
Ivory took care of the park strip until May 2008, then nothing last year because they supposedly had turned over the community to the 178 owners, which is why the grass nearly died. They maintained it and planted new sod from April 1, 2009 to June 4, 2009. There have been 4 water lines to the park strip from the beginning - that is where the sprinklers for the park strip get their water (not from homeowners). The HOA is responsible to pay for those 4 water lines.
What do you need a vote for? The CCR's state that you need a unanimous vote to be self managed. The Board never took a vote on that to see how it would go before hiring the management company.
Why can't the Board dissolve the HOA without a vote for that either?
Personally I think the HOA needs to be dissolved. The 18 homeowners whose property encompasses the "easement" are getting their parking mowed, which cannot possible be part of an easement since it is PUBLIC property and belongs t0 Clinton City. In addition they are getting their sidewalk shoveled in the winter all at the rest of the homeowners expense.
Re-aligning the water is not as complicated as one might seem. Only one homeowner needs to feed the spinkler system at each segment of the system. One on each side of the street leading to Phase 3 and one on each side of the street leading into Phase 1 and 2. Their water bill would not be affected since they pay the same fee over the year regardless of the amount of water they actually use.
Put me down as in favor of dissolving the HOA. I will gladly pay to record a document on my title to eliminate the HOA.
Thanks
Wayne G
Lets get after this idea NOW.
WayneG,
One of the reasons that the HOA has been a thorne in my side is because I live in Phase 2. Phase 2 does not have any homeowners along 1300 North, thus no connection to the easement. Only phase 1 and phase 3 homeowners would need to change their water to cover their own property.
OK then only four of the folks along 1800 North in Phase 1 and 3would need to add to their system. I don't see that as a major deal. The "easement" is so small it could readily be added to an existing line or lines.
The major hurdle here is getting everyone to sign on to the dissolution petition.
Seems the 18 folks who are getting the freebies now night see it all as a pain, rather than stepping up and maintaining their own property like the rest of us.
Don't believe that you read on the post about how to dissolve the HOA. I have requested a private meeting with the Board of Directors to discuss my findings and have been told that they don't have time for it.
Actual correspondence from the Board of Directors:
Shane,
After discussing with the Board of Directors, we have determined that none of us will not have the time necessary to meet with you personally. You are welcome to attend our board meeting on September 8th. If you need time to present your thoughts at that meeting, please let us know.
Thank you for your concern.
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Lexington Estates HOA Board
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