QUESTION

My HOA is attempting to sell 150 lots that are not able to sustain a home do to perk and septic problems . They seem to be arbitrarily establishing

Asked on Sep 28th, 2015 on Real Estate - California
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value to the land without any appraisal or other documentation. Is this legal and if HOA members object to this documented process - must the get appraisal info in order to establish sale value? Thanks
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Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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I have worked with a lot of HOAs, I have never heard of one sellling lots. Do you mean that the developer is selling lots and the lot owners will become members of the HOA? If a developer is selling the lots, then the HOA has no say about what prices are charged? If it really is the HOA selling the lots, the "business judgment doctrine" allows the Board of Directors very broad discretion to make decisionis within its powers. If the Board of Directors has the power to sell the lots, and there are no restrictions in the CC&Rs about how much they have to charge, then pricing is within theiir business judgment discretion. Most property is sold without the seller or buyer performing a formal appraisal. More commonly a licensed real estate broker or sales agent performs a price analysis. A price analysis is similar to an appraisal, but not as detailed or rigorous as a formal appraisal by a professional appraiser. The mere fact that an appraisal was not performed does not mean that the HOA Board had done anything wrong. What have similare lots sold for recently? If you call a local title company and ask for customer service, it should be able to provide you with a print out of comparable sales data. That data might not distinguish between properties which can accommodate a septic system and those which cannot. You might have to talk to a knowledgable real estate broker or a septic consultant to find that out. I would talk to a local broker. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need. Dana Sack  
Answered on Sep 30th, 2015 at 1:24 PM

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