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GordonP2 (Oregon)
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.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Quote:
Posted By GordonP2 on 01/27/2016 10:22 AM
Are CC&Rs still enforceable short of a lawsuit?

You can ask the violators to stop violating the CC&R's. You can threaten to file a lawsuit. You have little power to do more without an HOA.

Quote:

Are they even enforceable through a lawsuit?

Yes.

Quote:

Are they as dead as the HOA?

Unless Oregon has some sort of law that causes CC&R's to expire after certain conditions are met, the covenants will run until the owners collectively amend them and make them expire.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By GordonP2 on 01/27/2016 10:22 AM

The question: Are CC&Rs still enforceable short of a lawsuit?
Are they even enforceable through a lawsuit?

CC&Rs are deed restrictions and deed restrictions may be enforced by anyone who is aware of a violation.

Such enforcement is done through the courts.
Since this can be expensive, time consuming and likely make your neighbor upset, it is recommended that you pick your battles before filing legal action.

Associations often have the ability, unlike individual owners, to impose monetary penalties or denying access to amenities in an attempt to bring the issue into compliance. If those measures do not work, then (like any individual) the Association must bring the issue before the court to resolve.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By GordonP2 on 01/27/2016 10:22 AM
Are they as dead as the HOA?

Your HOA is not dead. As long as you have common elements (leaching field, etc.), the HOA has an obligation to maintain it.

Letting your HOA's corporate registration with the state lapse does not end the HOA. But you do lose the corporate umbrella. As a result each of the homeowners becomes individually liable for any claims against the HOA.

Sikubali jukumu. Read all posts at your own risk.
PitA
Posts: 1,416
Posted:
Your HOA is not dead. As long as you have common elements (leaching field, etc.), the HOA has an obligation to maintain it.

Letting your HOA's corporate registration with the state lapse does not end the HOA. But you do lose the corporate umbrella. As a result each of the homeowners becomes individually liable for any claims against the HOA.


DITTO
ValK2 (Tennessee)
Posts: 65
Posted:
Quote:
Posted By TimB4 on 01/27/2016 6:33 PM
Posted By GordonP2 on 01/27/2016 10:22 AM



CC&Rs are deed restrictions .... .

How do they become part of the "deed" ? Must they be specified in each deed, or are they part of the deed by inference?

I live in an HOA community. Not sure anyone's deed says "your property is located in an HOA Community and you must abide by their rules".

Everyone here "just knows" it is an HOA Community and that is that.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By ValK2 on 01/28/2016 2:12 PM
Posted By TimB4 on 01/27/2016 6:33 PM
Posted By GordonP2 on 01/27/2016 10:22 AM



CC&Rs are deed restrictions .... .


How do they become part of the "deed" ?

The process varies by State.

Typically, the CC&Rs are recorded with the County (court house, property dept. etc.) and reference the property that they are being attached to.

The deed itself may only have general language that references any restrictions or easements that may be recorded. When you purchase a property, it is up to the title company or attorney to do the research and identify what restrictions or easements are recorded and impact your property.

For a better explanation, see: Creation and Termination of CC&Rs from find law

Also, here is another good article:

Subdivision Covenants and Deed Restrictions from Lexington County SC. About 3/4 down page 1 is a topic on "How to find out if you have deed restrictions or subdivision covenants"
NinaR (Florida)
Posts: 26
Posted:
I would go straight to a lawyer with this question! Find someone in your area who specializes in HOA law. They will be happy to answer your question over the phone and may you insight as to resurrecting a defunct HOA.
The reason for needing CPR for your CC&R is property values. It sounds like a it could be a beautiful little community. Speak to your neighbors too.

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