QUESTION:
 
I’m a member of the Common Area committee for our homeowners association.  Yesterday a resident asked me what the process is for buying common area property, if there’s a process and, if not, why not.  She’s interested in a tiny piece of land next to her home.  I told her I’d look into it and while I admit my research skills aren’t great, I cant find anything that says she can or she cant, and why.  Can you help point me in the right direction?
 
ANSWER:
 
In answering you, I am assuming that this community is an HOA vs. a condominium.  There is no process via statute or otherwise, nor a prohibition regarding the acquisition of common area in an HOA.  The ability to do so may be addressed by the Declaration and a determination should be made if it is or not.   If not, then it amounts to a decision being made by the Board of Directors, acting in their fiduciary capacity, as to whether or not the parcel being sought is, or may be, of any real use to the members to use in common.  It would seem that a proposal of this sort should be publicized along with the price being offered and an opportunity given to the association members to comment at a board meeting where time is set aside specifically to hear comments on this owners proposal. I would think that an appraisal would be required so as to insure that the parcel is not sold for too little, which is not to say that the board may not require a significantly greater price.  A title exam should be done to make sure that the association got title to the common area from the developer… sometimes title is overlooked.  Also, there is an issue of getting City approval to carve out a parcel of land to sell to an adjacent owner that intends for it to become part of their lot.  There are City regulations on subdivisions with which you must comply.  You should talk to a local surveyor or engineer to find out if there is an issue.