Removing Some Homes from a HOA

[mb1967]

My question involves a condominium located in the State of: Massachusetts.

Our development's HoA includes about 40 single family homes and another 16 attached townhouses. The owners of the townhouses want to "secede" from the HoA and effectively create their own. A petition is being circulated in hopes that a majority of the owners will approve the request.

The HoA bylaws do not specifically spell out any terms for a secession. The Quorum rule says, "At any meeting of members a quorum for the transaction of business shall consist of one or more individuals appearing in person and/or as proxies and holding a majority of the votes held my all members (that is, representing the owners of a majority of the Lots), provided that less than such quorum shall have power to adjourn the meeting from time to time." (There is also a written consent rule that says action may be taken if all member entitled to vote on the matter consent to the action by a writing filed with the record of the meetings of members.)

So, does the above rule in effect say that provided a majority of the members agree agree, a select group of members could leave the HoA? Or are there prevailing Mass. laws that prevent such action? And are there specific legal considerations that members should consider before submitting their vote?

[Mr. Knowitall]

The quorum rule is simply about forming a quorum - the minimum number of members that must be present in order for the votes to be valid. Nothing more.

[mb1967]

Thank you. What about the other question, whether a select group of members could leave the HoA if the bylaws do not explicitly detail a method for doing so? Are there prevailing Mass. laws that prevent such action?