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Reply to "Potomac Yard (Alexandria) HOA — Issues?"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]For what it's worth, I know of someone who bought a top-floor condo unit without exclusive use of the roof, and later bought it from the rest of the owners, though not in Virginia. And I know, from reading the news, that a Florida condo association can be dissolved by a vote of 75% of the total ownership. My point being that a common area in a condo, and the very existence of the condo itself, aren't as immutable as is assumed in this thread. In the early days of PY the HOA board might have been able to get enough votes to meet the threshold for changing the usage of a common area.[/quote] [b]the HOA, with a 67% affirmative vote, can give away a common area to the city. However, the board cannot give away a common area for the exclusive use of certain HOA members under any circumstances.[/b] [/quote] Say a resident became disabled and needed a ramp to enter their townhouse, and a suitably sloped ramp had to block part of the sidewalk, which I assume is a common area. It wouldn't be allowed even if a supermajority was ok with it? But the board could give that piece of sidewalk to the city, which could in turn, after the proper procedures and votes, allow the resident to build the ramp?[/quote] Most HOA Declarations have a dissolution clause, it's usually 75% or more. HOA common areas can be [u]dedicated[/u] to the city or local municipality if the HOA will no longer pay for the upkeep, such as if the HOA votes to dissolve or goes bankrupt. Remember HOAs have common area by municipal ordinance. That's why HOAs exist - to maintain their own stormwater management, private roads and other infrastructure because local governments are looking for ways to get more with less taxes. It's too bad some HOA boards have to take it a step further and decide to spend even more members' money on unauthorized expenses. There are laws prohibiting blocking a sidewalk. [/quote]
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