Our HOA Dissolved! HELP! Need new HOA.

Started by MichaelV10 • 5 replies • 726 views

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MichaelV10 (Virginia)
Posts: 1

Posted:

Hi!

Recently our HOA dissolved. We currently have 12 houses in our HOA; and we paid $40/Month. The nearby HOA charges $120/Month and seems to be our only option. Can we find and join another HOA? If so, where would I look to do that? I have done several searches and can’t seem to find anything about an HOA who would take on new houses.

I would really appreciate if anyone has any advice or ideas. We are located in Manassas, VA.

Thank you all so much for your time and ANY help you can provide!!

Best regards,

Mike von Gersdorff

BancsS
Posts: 269

Posted:

Hi Mike,

My HOA dissolved back in the 1970's and a new one was formed under a new name and a new registered agent. This is Iowa of course. You would need to check the laws of Virginia to see if that is a legal possibility and if you wish to do that. Why was it dissolved? Do you and your neighbors wish to start over or is it something you and your neighbors are not interested in doing? Just throwing that out there as this is what was done in my neighborhood. New bylaws were created at that time but no new covenants. The covenants were already established but have since expired so those are no longer valid.

Just a word of caution though. Mine was a unique situation because of a bankruptcy, a lawsuit, and some conflicts among the board and the members.

Good luck!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Explain how your HOA dissolved? Were you under developer control? A HOA is just a club of homeowner's formed to meet the needs of the community. So if you have 12 owners, CC&R's, and Article of Incorporation your an HOA. Decide amongst yourselves what you all want to do.

Former HOA President

BancsS
Posts: 269

Posted:

Quote:

Posted By BancsS on 06/29/2018 6:19 PM
Hi Mike,

My HOA dissolved back in the 1970's and a new one was formed under a new name and a new registered agent. This is Iowa of course. You would need to check the laws of Virginia to see if that is a legal possibility and if you wish to do that. Why was it dissolved? Do you and your neighbors wish to start over or is it something you and your neighbors are not interested in doing? Just throwing that out there as this is what was done in my neighborhood. New bylaws were created at that time but no new covenants. The covenants were already established but have since expired so those are no longer valid.

Just a word of caution though. Mine was a unique situation because of a bankruptcy, a lawsuit, and some conflicts among the board and the members.

Good luck!

And new Articles of Incorporation were written up as well. I forgot that part. Melissa's post reminded me of those.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Generally the association is formed by the governing documents, often the CCRs or covenants attached to each deed. I'm not sure what you mean by "dissolved", but letting an association go dormant or inactive does not extinguish the covenants, and there are plenty of cases where some owners decide down the road to re-activate an association.

As far as joining another association, this is not as easy as joining a social club. As an example, here is what our CCRs say:
ESTABLISHMENT OF HOMEOWNERS" ASSOCIATION OF XXX, INC.. There shall be established a homeowners' association, hereinafter sometimes referred to as Association, composed of record owners of each lot. The Association shall be the XXX HOMEOWNERS ASSOCIATION, INC.,

Since the lots are defined by the plat that was filed with the county, and the covenants are attached to each deed, this could not easily be changed to add additional properties to the association. At the least it would probably require the larger HOA to amend their CCRs which typically takes 2/3 or 3/4 of all owners to agree. It would probably also require the assent of 100% of the incoming members. It might also require county approval.

Does your association own common property? What services were provided for the $40/month that you would want to have the larger association take over?

Escaped former treasurer and director of a self managed association.

JanetB2 (Colorado)
Posts: 4,219

Posted:

What did your $40 per month cover for HOA dues?

Do you have common area property owned by he HOA?

Is your CCR document attached to our property title via your County Records as a mandated HOA or a voluntaty HOA?

If you do not have Common Area Property owned by the HOA why do you not like having the HOA disolved?

As you can see there are many questions you need to answer to get a proper answer to your questions.

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