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Administratively dissolved hoa

Started by JudyB16 • 9 replies • 2642 views

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JudyB16 (California)
Posts: 3
Posted:
Does this mean we would have to vote at an annual meeting to make it an active hoa? This was dissolved 2002. I have changed account to a water user assoc. because we are not an active hoa. we are paying for water use and nothing more.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Judy,

An Association is created because of the deed restrictions. Those restrictions were not abolished. Therefore, the Association still exists.

Most Associations (lets call it Your HOA) file paperwork to become corporations ( Your HOA, INC.). This is done by filing Articles of Incorporation with your State Corporation Commission. As a corporation, certain protections and legalities exist. To remain a Corporation, annual reports need to be filed with the Commission. Failure to file annual reports for x years will result in the State administratively dissolving the corporation. When this happens, your Association simply becomes an unincorporated Association.

Being administratively dissolved, if caught early enough, can be easily fixed (reinstated).

If it has been too long of a time, you will have to file as if you are a new corporation.

Depending on your State statutes, as an Association you may be required to be incorporated. You should check to see.

I would have provided links to everything for you. Unfortunately, it appears that Colorado's site is offline at the moment. Therefore, I can't verify which link to provide you.

Do a search for Colorado State Corporation Commission (may be under Colorado Secretary of State). This should get you to the link. Then look under Business FAQ about being reinstated.

For your Association statutes, do a search for CO Statutes.

Hope this helps,

Tim
JohnB26 (South Carolina)
Posts: 1,001
Posted:
The deed restrictions remain.

The HOA remains.

Only the corporate aspect of the HOA was dissolved.

Y'all are now open to PERSONAL liability should a lawsuit/claim against the common elements be sustained.

Y'all need to REincorporate the HOA as soon as possible.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JudyB16 on 03/14/2015 4:32 PM
Does this mean we would have to vote at an annual meeting to make it an active hoa? This was dissolved 2002. I have changed account to a water user assoc. because we are not an active hoa. we are paying for water use and nothing more.

Judy, What are your goals in the matter? (and the goals of the rest of your communitiy?) Have you had a recent problem or are you just being pro-active?
JudyB16 (California)
Posts: 3
Posted:
We had a meeting only 12 people showed first meeting since 1999. Everyone wants it to become a water users association. I have papers from bank stating we have to refile to become an hoa again. Just trying to find out what is legal.
JudyB16 (California)
Posts: 3
Posted:
We had a meeting only 12 people showed first meeting since 1999. Everyone wants it to become a water users association. I have papers from bank stating we have to refile to become an hoa again. Just trying to find out what is legal.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
you asked a question

you got PROFESSIONAL answer

? did you read it ?

http://www.sos.state.co.us/pubs/business/FAQs/reinstatement.html

🎯 You've read this entire discussion

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