Regardless of the failure of the developer, owners purchased their properties subject to and with the benefit of the provisions of the HOA. Also, any purchaser of the developers rights in the subdivision will acquire all the developer's rights in the property including those under the HOA. An HOA is considered an asset to the continued value of a subdivision.
If you and all the other owners wish to extinguish the HOA you should consult with an attorney who specializes in real estate law.
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