HOA was here but not but now want to form again.

Started by GordonL • 3 replies • 1482 views

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GordonL (Idaho)
Posts: 2

Posted:

We bought a home a few years ago and were told that there was an hoa. It turned out that there is no active hoa (i don't know yet if it is inactive or dissolved but plan to find out). Recently a group of property owner has begun trying to reform the hoa. Was wondering if we have to rejoin an hoa if we don't want it. ?? Thx

TimB4 (Tennessee)
Posts: 21,059

Posted:

Gordon,

Expecting that your deed restrictions (CC&Rs) run with the land, and that those some restrictions authorize an Association, it's more likely that the property owners are simply reactivating (i.e. volunteers have now finally stepped forward to serve) the Association.

It's not a matter of rejoining. If the deed restrictions exist, you are already a member. You joined when you purchased the property as the act of finalizing the sale said you agreed to comply with the deed restrictions. Therefore, what you need to check is what are the restrictions attached to your deed.

BTW - Many Associations are also incorporated. Even if the State Corporation Commission administratively dissolved the corporation, the Association, as authorized by the CC&Rs, would likely continue to exist as an unincorporated Association.

LarryB13 (Arizona)
Posts: 4,099

Posted:

One of the hazards of allowing an HOA to go dormant is that it can be revived by a small percentage of owners. If enough owners do not want an HOA the smart thing is to amend your CC&R's to remove it from your deed restrictions.

GordonL (Idaho)
Posts: 2

Posted:

I see. Thanks for clarifying that. I will have to look at some things and I'll let you all know how it turns out. Much appreciated. Thx

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