Answer: According to Utah State Law, an HOA with commonly owned
property can only be dissolved with a unanimous vote. Not only would all 83 lot
owners need to vote to dissolve the HOA, but any mortgage company with a lien
on any lot would also need to approve such an action.
The chances of that many parties all agreeing to the same
thing is next to zero.
In 2013 the HOA board conducted a vote by mail-in ballot to
determine if there was a sufficient number of homeowners with a desire to deed
away the common properties and dissolve the HOA. That motion was voted down by
a large margin.
Additionally, Provo City would need to approve the
dissolution or our HOA. They have indicated that they will not allow our HOA to
be dissolved. In the original developer’s agreement for our neighborhood, it
was set forth that the city would maintain the hydraulics system within our
detention basin, but the HOA would be responsible for maintaining the area in a
manner consistent with the guidelines set forth by the city.
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