|
|
|
|
|
|
|
|
|
|
| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
LindaM5
(Texas)
Posts:22
 |
| 02/07/2008 2:31 PM |
|
Has anyone experienced/dealt with an expired HOA charter? We just had a "mutiny" within our HOA, and several of us owners took over as a new board of directors (with a red ink smeared budget), and hired new property managment. Cleaning house and cleaning up, we just discovered that our HOA charter has expired/lapsed and we're not sure what to do. Anyone out there who can help this rookie board of directors?
Thanks,
Linda
Dallas, TX |
|
|
|
|
RogerB
(Colorado)
Posts:3726
|
| 02/07/2008 3:54 PM |
|
| Linda, it depends by what do you mean by charter? Are you referring the to expiration of your Declaration of CC&Rs or the expiration of your incorporation with the state of Texas? Often the Declaration is automatically extended or is perpetual; whereas incorporation fees need to be paid yearly or every other year. You can probably renew the Articles of Incorporation by paying the required fee. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
LindaM5
(Texas)
Posts:22
|
| 02/07/2008 4:36 PM |
|
Roger,
Thank you so much for the response/information. I will have to review and acquire more clarification - I believe it must be the Articles of Incorporation that we are in trouble with. Is that a Secretary of State fee to pay - or do we need an attorney? No one has paid attention to this small 24 condos HOA for 12+ years (until I and a few others were new owners)...what a mess! We "mutineers" have a huge job for recovery and renovation.
|
|
|
|
|
RogerB
(Colorado)
Posts:3726
|
| 02/07/2008 4:51 PM |
|
Linda,
Yes, you deal with the secretary of state of TX. Go to that website and type in the name of your HOA to find out your status. That site will also probably advise on filing to renew your corporate status is necessary. |
|
Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
LindaM5
(Texas)
Posts:22
|
| 02/07/2008 5:39 PM |
|
Roger,
YOU ARE A WIZARD! I checked out the Sec/State website, and found that our HOA is NOT IN GOOD STANDING. (Didn't like those words). Anyway, I will contact the Controller's office and try to resolve ASAP, whatever "not in good standing" means. Our HOA is busted flat...so I hope it's not money that they want. : )
Thanks a ton from Texas!! |
|
|
|
|
LindaM5
(Texas)
Posts:22
|
| 02/07/2008 5:43 PM |
|
Roger,
I new, I'm dumb in this HOA gig...but what do you mean by "Declaration of CCR'S"?
Thanks again.... |
|
|
|
|
ShawnaF
(Colorado)
Posts:84
|
| 02/07/2008 7:14 PM |
|
| Linda - (I'm not Roger, but maybe I can answer to help you) those are part of your governing docs - Declaration of Covenants, Conditions & Restrictions (CCR.) You SHOULD have those docs from when the HOA was originally formed. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|
|
|
|
|
|
|