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ReneeM2 (Oklahoma)
Posts: 3
Posted:
We are a small community of homes. An HOA was established and has been recorded as such at the court house. Here's the issue. There are no HOA fees here at all. Not one member of this HOA pays a fee. Is this really an HOA even tho not one pays a monthly fee? How does a HOA function without money to operate? Our so called CC&R are not enforced by any means and our President of this so called HOA has recently passed away in September of 2022 as well as another member of the board within this year. Needless to say, a lot of the members do not want to elect anyone nor pays dues because it causes a financial strain. I'm just looking for answers. This HOA here is so disorganized and many of the laws within are not dealt with. We would really like to abolish it and be done.
MichaelT21 (Arkansas)
Posts: 462
Posted:
There are two things in play.

One is deed restrictions. Your title will indicate if you live in a deed restricted community.

An HOA is simply an organization that is created to enforce the deed restrictions and maintain community property.

You don't have to have an HOA even if you live in a deed restricted community. Any homeowner can enforce the CC&Rs through private lawsuits against neighbors. It is generally wise to create an HOA to enforce the deed restrictions through means other than the courts.

HOAs have to collect a little money to function. Maybe not much if you do not have common property, but enough to pay state license fees, etc.

AugustinD
Posts: 1,027
Posted:
ReneeM2,

-- If you do not know what a "Declaration" is, please ask.

-- You will have to read the opening paragraphs of your HOA Declaration to figure out what state statutes, if any, apply.

-- Read the opening paragraphs in particular to determine if your HOA is incorporated.

-- Does your Declaration (especially any plats incorporated as a part of the Declaration) indicate that the owners at this HOA own common property? E.g. is there a park on the HOA grounds?

ReneeM2 (Oklahoma)
Posts: 3
Posted:
It states it's a non profit and yes, inc. There is not a park on grounds. There is however, a nearby school that was somehow allowed to buy 3 of the lots and are talking about making them possibly parking lots. I don't know how this was even allowed when CC&R clearly states, residential homes only.
ReneeM2 (Oklahoma)
Posts: 3
Posted:
I'm pretty sure there is deed restrictions, I will have to look at the paperwork. This HOA has absolutely no money to function with nor do they uphold any of the laws on the CC&R.
AugustinD
Posts: 1,027
Posted:
ReneeM2,

Does the Declaration say anything about terminating the HOA?

If not, then mostly you are looking at what the Oklahoma nonprofit corporation statute says about terminating the corporation. The catch may be that anything owned by the corporation has to be disposed of. Depending on what the corporation owns, this might be tricky.

If you check the Oklahoma Secretary of State site, it may indicate the "status" of your HOA corporation. It's entirely possible that it was "involuntarily dissolved," due to failure to file, say, annual reports. But this does not mean the HOA is dissolved.

Does the HOA own any roads? Or sidewalks? Or have maintenance responsibility for either of these?

Do the Declaration or plats indicate there is any infrastructure that is owned by the corporation? If so, this would be one purpose of assessing owners dues. If not, then the only purpose of dues of which I can think is to pay a property manager to help enforce the covenants and, since there are dues, complete the annual corporate tax forms.

As for the schools giving indications of building a parking lot, and as you likely know: It sure helps to have a corporation challenge a lot owner for violating the covenants rather than just an individual owner. But the corporation needs leadership who can be the contact point and liaison between owners and whatever entity (like this school) that is making trouble for the HOA, in violation of the covenants.

On the other hand, usually the Declaration gives the authority to enforce the covenants to any owner. That is, the corporation does not have to be the one to challenge the schools for violating the covenants.

Oklahoma is one of a number of states that is "light" when it comes to dedicated HOA statutes. Still, for nearly 200 years in the United States, the courts have enforced covenants time and again. Covenants are bona fide contractual terms, and so legally, powerful. (Pardon if you know this already.)
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Do you have Articles of Incorporation on file with the State? That is what incorporates your HOA and allows your HOA to collect money for it's expenses. It may be your HOA has no expenses or common property. It may be just restrictions. Which any individual owner could probably enforce on another neighbor if they are angry enough. Having decisions like this as a group instead of individual provides maybe a bit more control and or less liability.

Former HOA President
TimB4 (Tennessee)
Posts: 21,062
Posted:
Renee,

As you pointed out, the HOA was created with the filing of the declaration of covenants.

You indicate that their is a board but no assessments are being collected.
If there is no common area or common elements to maintain, it is possible that there are no assessments.

This also means that the Association likely has no insurance (liability, directors/officers, etc.).

This likely means that the Association is not incorporated, as it typically costs funds to file an annual report.
You can verify this through your State corporation commission.

Keep in mind that, unless language in the covenants require it, a Board is not required to enforce the covenants. It's an option, just like it's an option for any homeowner. However, if the Board chooses to enforce, they must enforce on all the members. A homeowner can choose to enforce just on one member.

My suggestion is to volunteer for the board so you can get the full picture of what is going on.
Then, you can make an informed decision on how you want to move forward.

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