Legal Question in Real Estate Law in California

Re: Dissolving a Home Owners Association

I think you are going to need the services of a local real-estate attorney to progress this concept.

First, the laws governing associations are rather widely scattered in several different codes, including the Corporations Code and Civil Code.

Second, there may be powers and duties assigned to the association by deed or contract. If the association ceased to exist, there could be problems over who had the right or duty to carry out those responsibilities.

Finally, it is unclear from the information given what the legal nature of this HOA is--while it is likely an unincorporated association, some HOAs are incorporated.

Your attorney would need to review the history of the HOA and of the subdivision it covers. The procedure for dissolving it may lie in its charter or bylaws, but the consequences of dissolving it may be widespread and need to be checked carefully by reviewing recorded instruments, etc.

This is not to say it can't be done successfully. I know of other neighborhoods that have given up on their HOAs and handle matters such as routine maintenance of common roadways by periodic informal agreements, neighborhood meetings and when necessary just asking for contributions. Can't say this will always work, but in friendly neighborhoods it sometimes does.