💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

CathereineW (Georgia)
Posts: 2
Posted:
Two years ago I bought several lots. At the time of purchase, there was not an active POA. I just found out it the corporation was dissolved in 2008 but reinstated in 2011. I also found out last year that 30 properties are not "included in the association". So I am having to follow rules of the association and ARC but the 30 properties are not and most of them are right around my properties. I don't understand how you can run a POA without ALL of the property owners participating. Also, at the last board meeting, the by-laws were changed right before the meeting. Is this legal without the votes of the membership? Are there other POA that are in such a mess as this? Thank you.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Catherine, your answer will be in the Bylaws. There should be a section on how to amend.

If the document is silent, then look in your applicable corporate laws.
CarolF (Florida)
Posts: 435
Posted:
Are you certain that the properties in question have no deed restrictions attached to their deeds?
Could it be that the state corporate fees were not paid during that time, and so the corporation was
dissolved administratively by the state? This happens many times, and then when the fees are brought up to date, the corporation is reinstated. That would not mean that those lots have no deed restrictions.
CathereineW (Georgia)
Posts: 2
Posted:
Somehow the lots were not recorded correctly so they are not subject to the declarations like the other lots are subject to. And according to the Board's attorney there is no way to get those that are out put in to pay the homeowners fees like all the other people are paying.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here