Reader Questions - Can I Opt Out?

Dear Sir,

My CC&R has expired, what’s the right legal action to opt out the community. What does opt out mean exactly. Would there be any option to leave the HOA completely and become an independent lot?

Thank you,

A.T., Moorpark

Dear A.T,

If your association’s CC&Rs have expired, that is a big problem for all of you. This means that you and your neighbors have no way to take care of the responsibilities which the association formerly handled. Also, you and your neighbors would lack the protections and rights provided by the Common Interest Development Act. Older CC&Rs often have expiration dates, and boards need to be vigilant to renew those documents ahead of that deadline (the next order of business would be to amend it and delete the expiration date).

If your association covenants have expired, rather than not cooperate with your neighbors, the better approach would be to help everyone revive the CC&Rs so you all are protected.

However, if your association has valid governing documents in place, there is no “opting out”. The covenants bind you and all owners of the property subject to the covenants.

Best regards,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.