June 14, 2010
Dear George: Most of the homeowners in my neighborhood want to dissolve our homeowners association. There are several overgrown yards and disabled vehicles, and the common areas are not kept. We think that we're paying dues for nothing. Can we draw up a petition to dissolve the HOA?
Answer: No, it's more complication than signing a petition. Read your HOA documents to determine what procedures for dissolution might exist, and hire an attorney to assist you. You and your neighbors will have to pay for the attorney. A cheaper way to effect change, however, is for you to run for seats on the HOA board of directors, replacing those who are mishandling your dues.
Dear George: The deed restrictions and covenants for our homeowners association allow the lot owners once a decade to amend the deed restrictions. I'd like to prepare an amended deed-restriction petition to present to all owners. Where can I go for examples of such deed-restriction amendments?
Answer: There are no templates or fill-in-the-blank forms for such an amendment. Hire a an attorney to draft such a document for you.
E-mail a question to ask George & Chuck or fax it to 713-978-6684. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
