[Merlot]

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Is there a way to legally separate different phases of a complex from the whole?
Phase I of our HOA was built some time before the rest and looks nothing like the others (shingled, flats). It is suffering from deferred maintenance to the point of management wanting a 20% dues hike! This section houses the little-used pool & the clubhouse we must pay-to-play. The residents all stick together, voting for each other & ignoring what the rest of our community needs (very nice stucco townhomes).
A few of us feel it is only far for them to separate into their own HOA & leave us out of it.
How can this be done? Yes, I’ve heard of r/e attorneys….

[frankiefurter]

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I reckon you’d need to rewrite your governing documents. It may also depend on where you’re located. I think some states may have laws about this, though I’m not 100% certain. Or maybe you would need to dissolve your existing HOA and form a new one that doesn’t include Phase I. I’m just not sure how to go about all the legal processes.

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