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  1. #1
    Join Date
    May 2009
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    2

    Default Dissolution of HOA when There is an Easement Involved

    My question involves real estate located in the State of: Mchenry co, IL

    Let me provide some background before I ask my question:
    I built a home in a rural subdivision about four years ago, but was never told there would be an association once the subdivision was completed. Well, my home was one of the last ones so low and behold they turned over an association to the homeowners. I should also state, for the record, that I was never given a plat of survey until my closing date. Here's the issue, there is a walking path that goes right through the middle of my backyard. This is a path that starts at the street and goes through my yard and several others, but then dead-ends in someone's backyard so it isn't a truly public walkway. I opted to be one of the board members of the HOA so I could have a say in what goes on. Well, we held a vote and everyone was in favor of dissolving the HOA and removing this useless path so we could all have our yards back. I should also mention there is a bike path physically painted on the street in front of our homes. In the covenants it states that if we, the homeowners, want to dissolve the association and remove the path then we would need to install sidewalks, even though the newer adjoined subdivision of custom homes has neither a path or sidewalks!
    My question to you is this, does the city have any legal standing to enforce the sidewalks should we tear out the path and how do we go about legally dissolving the HOA, removing this path and getting our land back (abolishing the easement)? It should also be noted that the builder has the city attorney in his back pocket so when we attend the city council meeting next week I'm fairly certain they are going to give us a hard time. Is there a way to circumvent the city and get approval at a state level to waive the sidewalk rule if we remove the walking path?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Dissolution of HOA when There is an Easement Involved

    If the builder or HOA agreed with the municipality that sidewalks would be put in if the path is removed, the HOA is going to need to resolve that with the municipality.

    The HOA has bylaws that govern the conduct of meetings, votes, conveyances, and possibly also dissolution. Read them and see what they say. Dissolution is also going to be covered to some degree by state law, but that can vary by the type of entity (e.g., LLC, Corporation, Non-Profit Corporation, etc.)

    I suggest that the HOA hire a real estate lawyer to convey the bike trail back to the property owners over which the trail runs, and to help you wrap up the HOA and (if necessary) negotiate with the municipality.

  3. #3
    Join Date
    May 2009
    Posts
    2

    Default Re: Dissolution of HOA when There is an Easement Involved

    Ok, thank you!

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