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WilliamK4 (West Virginia)
Posts: 11
Posted:
This subdivision was built in 1969, and a sentence in the covenants has brought a great debate on whether the HOA has expired. "This agreement shall run with the land and be effective thereon for 35 years. " What does this mean?. Out of 200 plus homeowners maybe 30 are paying maintenence dues. This is not enough to maintain roads or commen areas.
GlenL (Ohio)
Posts: 5,491
Posted:
Welcome William, this really is a question for an attorney. Most documents that specify a 25 or 35 year time line follow that up with and shall be renewed in ten year increments but I do remember a poster here from a few years ago whose deed restrictions were indeed capped at 25 years and expired.

Studies show that 5 out of 4 people have problems with fractions
BobD4 (up north)
Posts: 1,002
Posted:
lifespan of HOA covenants but not the community : best to check with a lawyer in your state. BUT some jurisdictions put a "sunset" onto the mutual framework of criss-crossing promises between component properties. Then without 100 % contracted re-enactment, its merrily back from the Twilight Zone to normality. This of course is inapplicable to legislated templates like condos/stratas/syndicats. Bob D ( not in new york)
JamesO6 (Florida)
Posts: 170
Posted:
Quote:
Posted By WilliamK4 on 10/16/2014 8:36 AM
This subdivision was built in 1969, and a sentence in the covenants has brought a great debate on whether the HOA has expired. "This agreement shall run with the land and be effective thereon for 35 years. " What does this mean?. Out of 200 plus homeowners maybe 30 are paying maintenence dues. This is not enough to maintain roads or commen areas.

Most states have convents that say if not voted to disband by at least 75% of the HOA lot owners then it will stay alive for another 10 years and repeats so it never ends unless 75% votes to disband it and the end of that first 25 years and then they can't vote till the end of the 10th year after the 25 session. so it's real close to disband it now or it just pasted or you have to wait ten more years. it then reverts back to the city for maintenance and repairs. disbanding it before that date and then the city will just say nope. that's about the only legal way a HOA can disband and return back to city upkeep.
BobD4 (up north)
Posts: 1,002
Posted:
"Most states have convents . . ." Just to clarify the above, does this mean that most U.S. states have actual enacted legislation - Acts of the state legislature - which provide such hurdles against expiry ?

Or does it mean that most shared ownerships site-specific governance documents of the POA/HOA/ building scheme category, have internal promises onto title / "covenants" which erect such barriers to expiry ( by normal neglect, obsolescence whatever / )?

WilliamK4 (West Virginia)
Posts: 11
Posted:
Our convents have expired we have excepted that so. But the deed of in corporation is perpetual. Owners can do whatever they want to there property, but must pay for road maintenance fees. This was the only thing we needed to get clear to owners.
JamesO6 (Florida)
Posts: 170
Posted:
Quote:
Posted By WilliamK4 on 11/01/2014 12:39 PM
Our convents have expired we have excepted that so. But the deed of in corporation is perpetual. Owners can do whatever they want to there property, but must pay for road maintenance fees. This was the only thing we needed to get clear to owners.

here's my problem with never ending expirations of deed restriction of a HOA, say like your community that has say 100 house but only 20 people paying for things. along comes a developer whom scouting a area out and finds say your community. checks with the city if that HOA tax's are up to date and finds out well this community is supposed to be in a fully functioning HOA and supposed to have been paying taxes to the city on it's common lots since say 1969 and the city been repairing the roads and lights all that time. talks to his buddy in the tax department then files all kinds of lawsuits to recover the city money that's been owed since 1969. and places a lien on their lots and then buys the lien from the city and sues the lot owners and takes their houses since their elderly on fixed income and can't pay the developer he then turns demolishes the lots and builds multi million dollars estates on said community land.

But that's scenario is they have a few that's knows their in a HOA, there's lot's of recorded deed restrictions with a named HOA in them but that just emplaced to stop some jerk developer placing a small house in their prize neighborhood. if HOA is abandoned there needs to be laws emplaced to rectify that from happening.

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