Ancient covenants

Bonnie, they are valid.

I'm not sure. I don't even know how to begin to check. I know the last covenant was updated in 1961 and they had a meeting last night that the only reason we found out there was a meeting was we happened to talk to the neighbors who received a letter in the mail (which we did not) and set up a board by the craziest election I have ever seen they nominated by saying who wants to be in the board raise your hand. Then they said these covenants are to be followed which no one had a copy of and some people had different copies of. I have no idea what is going on!

BonnieB, I suggest you start with your County Clerk's office. Request a copy of the Covenants and all amendments to the Covenants. These documents define the Covenants, Conditions, and Restrictions which apply to Also get a Plat which will define the specific units for which these Covenants apply.

As far as restarting the homeowners association, try to find a copy of the latest Bylaws. Bylaws define the procedures for an HOA. The HOA may have been incorporated in the past and have Bylaws which were filed with the Secretary of State. However, HOAs do not necessarily have to be incorporated but most are or have been. If no Bylaws are found then the owners can organize an HOA. The first step would be to elect a temporary Chairperson and form a committee to draft Bylaws. Then have a duly called meeting which notifies all owners that the agenda will include approval of the Bylaws and election of Board members.

I presume the Covenatants will allow any owner to bring action against violations to the Restrictions. If so I think the HOA can also take on that responsibility.

In my state there could be a big problem.

In AZ, a corporation that fails to file its annual reports will be administratively dissolved. The corporation may be reinstated for up to six years after the administrative dissolution. After that time, one has to form a new corporation.

For the HOA in this case, the CC&R's should state that each property owner will become a member of the XYZ Homeowners Association. I am assuming that back in 1961 the developer had actually incorporated such an association. The HOA operated for the next 35 years or so, but the homeowners lost interest in having an association and abandoned it. If this were in AZ, the state would have dissolved the association around 1996 and permanently dissolved it around 2002.

Fast forward to the present. A homeowner decides he wishes to resurrect an association, holds a meeting, elects a board, files articles of incorporation.

Is this the association that you agreed to be a member of? Can you be compelled to be a member of the XYZ Homeowners Association Ver. 2.0 because you agreed to be a member of an earlier association that was dissolved?

I do not have an answer for this question but I sure would find out before I allowed somebody proclaim that he now controls my property.

I would disagree. A corporation is a different entity than an owner. If the C+Rs say an owner or the association can bring action against another homeowner only then I would say the HOA could act.

KevinK7, I agree that it would be best to state the association's powers in the CC&Rs but consider these points:
1)there is no active HOA thus presumptively the Covenants have no manditory assessment and may not have the associations powers stated in the CC&Rs;

2) this does not preclude the homeowners who chose from creating a voluntary HOA with one objectives being compliance with the Restrictions stated in the Covenants; and

3) the voluntary HOA can create more manpower for monitoring for Covenant Compliance and generate more funds when legal action is required as compared to a single owner.

Covenant enforcement has nothing to do with whether or not the HOA choses to incorporate.
An HOA may or may not chose to be a not-for-profit Corporation to gain advantages provided. Such as having a protective "corporate shield" for the officers and tax advantages provided.

FYI, one of the HOAs we manage happens to be a voluntary HOA and our primary responsibility is enforcement of the Covenants.

I've personally never seen CCR's removed from any property, although I've seen many "temporarily dissolved". Typically no hoa is permanently dissolved unless the CCR's are also removed. Legally.

Usually CCR's exist because there is common property that cannot be separated, thus the need for an association or CCRs. Many people are never forced to join a HOA. If you buy a property in a community with CCR's that require dues, you are automatically a member. There is no "joining" But alas, it really depends on how your CCR's are written and every CCR is unique.