How to inactivate a HOA in California?

Started by JanetT • 2 replies • 1368 views

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JanetT (California)
Posts: 1

Posted:

Can't get any officers to serve on board of an association in a mobile home park. Managers have caused dissension among homeowners, so no one wants to serve because they are intimidated, since managers don't want any association. Can an association go inactive without disbanding? What about some reserve funds intended for legal expenses if needed. There was no formal designation of the funds, just kind of a loose agreement about them. Any ideas?

JosephW (Michigan)
Posts: 882

Posted:

Associations that are mandatory membership (not voluntary) can't go inactive. The last board member should have petitioned the courts to appoint a receiver before resigning. (There is some question as to whether the last board member actually has resigned as there was no one to submit their resignation to. Just stopping board activity doens't relieve them of their responsibilities and liabilities.) Any owner can do the same. The cost of this may shake up enough people to get a board active again. Talk to the last board members to see if they will at least take the steps to legally turn over the association or they could face some liability.

Joe

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RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By JanetT on 10/09/2007 6:26 PM
Can't get any officers to serve on board of an association in a mobile home park. Managers have caused dissension among homeowners, so no one wants to serve because they are intimidated, since managers don't want any association. Can an association go inactive without disbanding? What about some reserve funds intended for legal expenses if needed. There was no formal designation of the funds, just kind of a loose agreement about them. Any ideas?

Confused here.

Are there any association documents? CC&Rs, by-laws, etc.? Is the association incorporated? Is there written documentation making membership in the association mandatory? Does the association own any property (real or tangible)?

And who are these "managers" who seem to be intimidating the homeowners?

Ron
SC

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