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You need an association-savvy attorney and an engineer to help you decertify an association, unless there has been a disaster which has rendered the community unlivable. (The disaster situation is probably handled in your governing documents.)

If, on the other hand, the owners are simply tired of each other, then, the engineer can determine how to split up the real estate assets known as common areas and shared limited common areas. This may include roadways, access pathways, amenities and so forth. If there are attached walls that support units owned by different individuals, those boundaries must be determined, as well.

Finally, you may need an uber-majority of owners to 'decertify' the association, meaning that the business of the association, then, will not be conducted by the association any longer, and must be conducted by each owner individually.

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13y ago
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8y ago

This is an extremely complicated area of law and complicated process if a dissolution is permitted in your jurisdiction.


Generally: You need to research state law in your particular jurisdiction to determine whether it is possible to dissolve your HOA and the legal requirements for dissolution. If dissolution is possible you would need the consent of every home owner. It is unlikely that dissolution of an HOA for a condominium would be allowed unless a new HOA was to take its place. A dissolution of an HOA in a planned community with separate lots and common areas may be possible. In that case it is likely that title to common property may need to be transferred to a new legal entity. An example would be where an HOA was established to maintain a conservation and passive recreation area under shared ownership of lot owners. There have been cases whereby those conservation areas have been conveyed to the town and the HOA disbanded by written and recorded consent of all the lot owners.


Each case is unique. You need to arrange a consultation with an attorney who specializes in real estate development and condominium law in your jurisdiction who can review your particular situation and explain your options, if any. Legal costs for this type of project can be high.

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Q: How do decertify a home owners association?
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