Inactive Homeowners Association > HOA Forum

Home

HOA Discussions

HOATalk.com Preview

Service Directory

Help

Member Login

Tuesday, February 07, 2012

Our Sponsors:
(Advertising Information:
HOATalk is viewed over 100,000 times/month!)

HOA Websites by Community123.com (National Community Website Provider)

We built HOATalk and we'll build your community website for free! Click here for information on a free trial website.

Community Associations Network (National HOA Reference Library)

News, articles and blogs about condos/HOA's

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Inactive Homeowners Association

Prev Next

You are not authorized to post a reply.

Author

Messages

DonB5
(Missouri)

Posts:4

08/17/2010 4:40 PM
I live in a neighborhood that had a homeowners association. It was run by the builder. however in 1999, the builder left and no dues were collected and services performed. Basically the association has been inactive for 11 years. There is a pool which has back taxes associated with it over the years as the statements were sent to a non existing address. The pool is an eyesore with dirty water, frogs, snakes & weeds. We now have a buyer who wants to buy the pool for $1 and fill it in. I read the by-laws and saw where we needed a 75% majority of votes to allow me to dissolve the association and sell the pool for $1. ( approx 211 dwellings ) I have obtained over 100 votes authorizing me to do this but it is short of 75%. The remaining homeowners were either told there was no association when they moved in or do not want to sign anything. Is there a precedent where I can get this resolved with what I have here in Platte County, Missouri?

GlenL
(Ohio)

Posts:3526

08/18/2010 6:50 AM
Don, you might explain to them that as long as the HOA exists whether it is active or not and has common property that all homes are obligated to maintain it is a ticking time bomb. I'm not an attorney and this is not legal advice so you should check with licensed attorney where you live. Since the HOA is inactive with no assessments collected, I'm assuming there is no insurance on the common areas, i.e. pool. Now along comes little Billy who thinks it would be great fun to catch some of the frogs. Well if little Billy should fall in and be injured or drown who do you think his mom and dad are going to sue? They can’t sue the HOA it no longer is a viable corporation and there is no insurance so they get to sue each and every member of the HOA; remember just because everyone pretends it isn’t there doesn’t mean you are not all still legally responsible for it. The term is jointly and severally, meaning the parents can sue each and every one of the property owners and collect from them all. You could also explain to them that a small dedicated group of homeowners could conceivably re-activate the corporation that is the HOA and everyone would be on the hook to pay duly levied assessments. I also wouldn't sell the pool without consulting an attorney as s/he may see some problems or advise some conditions on the sale to prevent it from coming back to haunt everyone. You will also need to do something about the tax liens before the sale as I'm sure the buyer won't be willing to assume them.

Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Inactive Homeowners Association

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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions ) Terms Of Use Privacy Statement