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WendyB2 (Florida)
Posts: 13
Posted:
Would love interpretation views of just what this statement means:

Acquire (by gift, purchase or otherwise), own, hold, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of, real or personal property in connection with the affairs of the association;

I will be contacting our Board Attorney for an explanation as well, I just wanted to see what you all thought this statement conveyed to the average Joe reading their Articles of Incorporation.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By WendyB2 on 07/15/2011 7:07 AM
Would love interpretation views of just what this statement means:

Acquire (by gift, purchase or otherwise), own, hold, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of, real or personal property in connection with the affairs of the association;

I will be contacting our Board Attorney for an explanation as well, I just wanted to see what you all thought this statement conveyed to the average Joe reading their Articles of Incorporation.

This appears to me to be a phrase and not a statement. It appears to me to be out of context. I would need to see more to give an opinion.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Wendy,
Like Bruce, you need to fill in the blanks and post the entire section where this phrase comes from. My guess it is referring to your common area or common property and what you can or cannot do with it but it's my guess only
TimB4 (Tennessee)
Posts: 21,059
Posted:
Wendy,

This is typical language for what a corporation is allowed to do. When a company or Association becomes incorporated, they become a legal entity just like you and I are considered legal entities. As a legal entity, they may (in the name of the corporation) buy, sell, trade or give away land or other property (cars, etc.) - the same things you may do with your property and your personal possessions.

My Association has the exact same language as item (c) Article V of our Articles of Incorporation identifying what some of the things the Association is allowed to do.

If one were to paraphrase it, the Association may obtain or dispose of real property (land and/or houses) and obtain and dispose of other property (vehicles, facilities, etc.) in the name of the Association.

Tim

WendyB2 (Florida)
Posts: 13
Posted:
My apologies for not including the whole paragraph, I figured it might be too much.

"This association is formed for purposes not involving pecuniary gain or profit to its members and shall have no capitol stock. The specific purposes for which this corporation is formed are to provide for the development, maintenance, and improvements so as to enhance and protect the value, desirabiltiy and attractiveness of certain real property within the tract of property described as follows:

and then there is the description of the boundaries of the property...

and to promote the heath safety and welfare of the residents within the above described property and any additions to that property as may hereafter be brought within the jurisdiction of this association by annexation as provided in these articles, and for the purposes to:

acquire (by gift, purchase or otherwise) own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use, or otherwise dispose of, real or personal property in connection with the affairs of the association."

Do you think this could be interpreted by an unscrupulous BOD to mean removing someone from their home?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Uhm...A HOA CAN remove someone from their home... It's called "Foreclosure". If you don't pay your dues for any reason, you can be liened/foreclosed upon. There should be a section that mentions the right of the HOA to do this. So using this specific passage to translate is a bit "picky/choosy".

Sounds like there is more to this situation than translating this phrase. I'd be more interested in hearing what brought this about removing someone from their home? That sounds like the real issue and question.

Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Uhm...A HOA CAN remove someone from their home... It's called "Foreclosure". If you don't pay your dues for any reason, you can be liened/foreclosed upon. There should be a section that mentions the right of the HOA to do this. So using this specific passage to translate is a bit "picky/choosy".

Sounds like there is more to this situation than translating this phrase. I'd be more interested in hearing what brought this about removing someone from their home? That sounds like the real issue and question.

Former HOA President
JohnM48 (Pennsylvania)
Posts: 89
Posted:
Quote:

Do you think this could be interpreted by an unscrupulous BOD to mean removing someone from their home?

It's really not a question of what baseless interpretation some unscrupulous board may assign to a clause in a legal document, the important interpretation is that of a competent court of law.

At least in Pennsylvania, and I strongly suspect the rest of the country as well, a BOD cannot take it upon themselves to remove someone from their home - it would involve legal action and a ruling by a judge.

Association President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By WendyB2 on 07/15/2011 9:43 PM

Do you think this could be interpreted by an unscrupulous BOD to mean removing someone from their home?

That's not what that section is talking about. It's for bringing in other sections of a development or merging into another HOA.

As I said, standard language for Articles of Incorporation.

As others have pointed out, you own your property. Individuals who have a lien on their property for non-payment of bills could face foreclosure of the lien. Therefore, if you pay your bills this would not be a concern to worry about.

Tim
WendyB2 (Florida)
Posts: 13
Posted:
Thanks everyone, for all your input. It means actually what I thought it means, I just need to be able to intelligently explain to others what it does NOT mean. Again, thank you.
WendyB2 (Florida)
Posts: 13
Posted:
MelissaP1, I'm sorry, I didn't go up enough in the replies to see yours. There is so much more to this story. We have a Master Association responsible for common areas. Then we have Sub Associations for 5 different neighborhoods. One of them does not want to pay assessments even though it's been written into the covenants for over 30 years so they've begun action to secede.

They have (rightly) formed their own board, something that had been done in the past but allowed to fall by the wayside. But the board they have formed has started sending out quotes from the covenants to folks with regard to suing, etc. Most on that board will not speak reasonably with anyone trying to have a different opinion than what they have and it's been very difficult to work with them. Not only that but they are so vocal in speaking out against the Master Association and assessments that they are starting to have some folks back them.

I was trying to get a confirmation from you all in layman's terms about what that section meant. the Master Association has heard from our lawyer with his statement and we not will have to meet with all homeowners to explain the statement.

Thanks!

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