TishS (Washington)
Posts: 11
Posts: 11
Posted:
I have CCR's attached to my deed. They say membership is mandatory (names the HOA)and limits the jurisdiction to my division along with all the other standard restrictions, assessments, dues, etc. The final line in the document says two other divisions are eligible for membership. (they were already built at the time this document was prepared.
I have Articles of Incorporation that were provided to me by title. In this document it says the HOA is one of the eligible divisions (and not mine)
I found out that the corporation was allowed to administratively disolve for 8 years when it was discovered new articles were filed under the same name as the original HOA, but they only consisted of the name address and officers (no mention of membership)
In 2004 the board wrote new bylaws. Membership was then restated as to be mandatory and all of the first three divisions and some random lots from other HOA's. The Bylaws were recorded with the county only on the random lots, very few people in the other lots knew anything about them.
2009 I discovered this, when I was told at a meeting my division were mandatory members and everyone else were optional or voluntary (all verbally) I also found out that 25 percent of these added members had no idea they had been added and were not paying anything.
I tried to work with the board to clean up this strange scenerio, no luck.
It was suggested that I file a quiet title action to clarify this mess.
The HOA's response was to file a request for declaratory judgement and verbally said that the HOA is actually a voluntary non profit community club.
Question. Was the correct action to file a quiet title action? Is it still the right course since they are saying the HOA is a voluntary non profit community club?
The CCR's are still recorded and the odd ball lots have the Bylaws for one HOA and CCR's for another on their deeds (both have mandatory membership in their language)
I have Articles of Incorporation that were provided to me by title. In this document it says the HOA is one of the eligible divisions (and not mine)
I found out that the corporation was allowed to administratively disolve for 8 years when it was discovered new articles were filed under the same name as the original HOA, but they only consisted of the name address and officers (no mention of membership)
In 2004 the board wrote new bylaws. Membership was then restated as to be mandatory and all of the first three divisions and some random lots from other HOA's. The Bylaws were recorded with the county only on the random lots, very few people in the other lots knew anything about them.
2009 I discovered this, when I was told at a meeting my division were mandatory members and everyone else were optional or voluntary (all verbally) I also found out that 25 percent of these added members had no idea they had been added and were not paying anything.
I tried to work with the board to clean up this strange scenerio, no luck.
It was suggested that I file a quiet title action to clarify this mess.
The HOA's response was to file a request for declaratory judgement and verbally said that the HOA is actually a voluntary non profit community club.
Question. Was the correct action to file a quiet title action? Is it still the right course since they are saying the HOA is a voluntary non profit community club?
The CCR's are still recorded and the odd ball lots have the Bylaws for one HOA and CCR's for another on their deeds (both have mandatory membership in their language)