GordonP2 (Oregon)
Posts: 2
Posts: 2
Posted:
Good morning! I'm posting 2 unrelated items, of which this is #1.
I live in a development of 15 homes which are in a developer-created HOA incorporated as "Shade Oaks Development Association" 50 years ago. Administration of the HOA passed to the residents in the 1970s. With changes in homeowners and the passage of time, as well as the closing in the 1980s of the only commonly-held asset, a swimming pool, the HOA was left to expire when no one paid the annual fees to the state for 5 years. It was reincorporated in 1999 to deal with a leaching field issue and then left to die again a year ago. There is no desire among homeowners to reinstate.
The question: Are CC&Rs still enforceable short of a lawsuit? Are they even enforceable through a lawsuit? Are they as dead as the HOA?
I have read the previous postings on this subject, but the situation has never been quite what I pose here.
Thanks for any help you can provide.
I live in a development of 15 homes which are in a developer-created HOA incorporated as "Shade Oaks Development Association" 50 years ago. Administration of the HOA passed to the residents in the 1970s. With changes in homeowners and the passage of time, as well as the closing in the 1980s of the only commonly-held asset, a swimming pool, the HOA was left to expire when no one paid the annual fees to the state for 5 years. It was reincorporated in 1999 to deal with a leaching field issue and then left to die again a year ago. There is no desire among homeowners to reinstate.
The question: Are CC&Rs still enforceable short of a lawsuit? Are they even enforceable through a lawsuit? Are they as dead as the HOA?
I have read the previous postings on this subject, but the situation has never been quite what I pose here.
Thanks for any help you can provide.