HOA not filed with the state

Started by DonnaB1 • 7 replies • 1804 views

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DonnaB1 (Missouri)
Posts: 17

Posted:

Our HOA was started in Missouri, as of 1981.
It was filed with the county. We just found out it was not filed with the state.
Over the years there was never a problem, but now we have dues not being paid and homeowners not wanting an HOA. There are only 15 Owners on a deadend road.

We have a private road that must be keep up (gravel/snow removal).
Over the years just enough dues were collected for it.
My question is can we now file with the state with the By-law & CC&R that were started in 1981?
If we cannot—what do we do about our HOA and the road?
Thank you, Donna B

RogerB (Colorado)
Posts: 5,067

Posted:

Donna, you file Articles of Incorporation with the secretary of state. This is done to become a non-profit corporation. You do not have to be incorporated to be an HOA nor to maintain the road. If your Declaration requires manditory assessments it also provides the means to collect assessments.

BrianB (California)
Posts: 2,820

Posted:

if by "filed", you mean your covenants recorded, then you are okay... as roger said, you don't file HOA paperwork with the state to be an HOA, you file it with the state to be a non profit company... which has nothing to do with enforcing the covenants. In many states, covenants are recorded at the county level, so that would be acceptable for them as well.

SidneyP (Florida)
Posts: 302

Posted:

Brian/Roger... If we don't have to file Articles of Incorporation with the secretary of Srate then what is the advantage of doing so? What is the advantage of being a non-profit? I always thought this was something that had to be done. I am learning so much from this Board and appericate all the knowledge/help I have found here.

RogerB (Colorado)
Posts: 5,067

Posted:

Sidney,
The primary advantages of being incorporated are to be a non-profit organization for tax purposes and to provide a legal "protective shield" for the directors.

DonnaB1 (Missouri)
Posts: 17

Posted:

Thank all of you for your input.
We have one homeowner who says according to the By-Law we cannot legally enforce the collection of dues, because we are not recorded with the state.
He says #12 below contradicts what #11 says.
The By-law states:
11. These restrictions, reservations and covenants shall run with the land and shall be binding upon all parties and all persons claming under them for a period of ten (10) years from the date this instrument is filed for record in the Recorders office for Johnson County, Missouri except as hereinafter provided.
12. The restrictions, reservations and covenants herein set forth shall run with the land and bind present owners, their successors and assigns, and parties claming by and through or under them, shall be taken to hold, agree and covenant. Except, until 14 lots of the lots have been sold, developer shall have the right to grant exceptions or to modify these restrictions, Thereafter, restrictions may be changed or exceptions granted by 60% vote of the property owners.
On the Warrenty deeds it does state Easements and restrictions of record and in fact.
So do we have the right to put a lien on the property for unpaid dues (3years) and could we follow through with it?

RogerB (Colorado)
Posts: 5,067

Posted:

Donna, regarding #12 has the developer sold 14 lots? And if not has the developer granted any exceptions to the Covenants?

IMO assessments are not considered an exception and definitely are not restrictions. Thus it is my belief collection of assessments is binding on all parties. You can not charge an assessment to one owner and not another. That is discrimination.

DonnaB1 (Missouri)
Posts: 17

Posted:

Thank you, Roger
All lots were sold in 1982

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