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DoraC (Texas)
Posts: 6
Posted:
I have lived in my subdivision for 6 yrs. We have a mandatory HOA. But in the last 2-3 years there has not been a meeting or an election of board members. When we did attempt to elect board members the self elected HOA president/secretary stated the elections were not legal for one reason or another. The homeowners did try to follow the rules she stated needed to be followed but again she stated it was not a legal election. My question is if there has not been any meetings, newsletters or any communication with the home owners do we actually have a HOA?
BrianB (California)
Posts: 2,820
Posted:
your covenants (and the HOA) likely run with the land and deed of your home, so yes, even if your HOA is non functional, you still have one.

You still probably have common areas to maintain, perhaps utilities, likely some insurance... and if no one is maintaining those, well... the piper will eventually be paid by all the homeowners in a lawsuit.
BradP (Kansas)
Posts: 2,640
Posted:
yes, you still have an hoa...i would make this suggestion to you, forget following rules to a T...get a transitional board in place by just having volunteers and follow that up in a couple months with a real election. At this point you need folks to just do the day to day activities. Granted a transitinal board is technically not elected legally, but at this point I am not sure that you can get a board legally without have some leadership. Forget what the self elected person says, if you have a group of people get them going!
DoraC (Texas)
Posts: 6
Posted:
So basically, what you are saying we have already tried. That is when the self elected person throws out "we didn't have a quorum" or "since I still own X number of lots, I have to have a place on the officers board" etc. We should just ignore that and move forward?

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