CindyL5 (Florida)
Posts: 1
Posts: 1
Posted:
Florida hoa corporation is disolving want homeowners to take over common area private road. Can homeowners refuse to assume road
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Hoa disolving trying to force homeowners to assume roads
Started by CindyL5 • 3 replies • 384 views
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ElleN (Idaho)
Posts: 4,420
Posts: 4,420
Posted:
This is a huge legal question. This forum's collective answers can only give you ideas about what may happen here.
First, some questions: Who says the HOA corporation is dissolving? Was there a vote to dissolve the corporation? Was there also a vote to terminate the covenants? Was an attorney involved in arranging these votes?
The corporation owns the common area. Dissolution of the corporation can occur with the caveat that the corporation still has responsibility for certain things. The latter is called "winding up the corporation's affairs," as statutes typically put it. This includes selling all real estate that the corporation owns.
I suppose it's possible that owners can sign a "road maintenance agreement." Only an attorney should prepare such a agreement. I suppose it's possible that less than all former HOA members sign this.
For a longer introduction, key word search the following statute for "wind":
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617.html
First, some questions: Who says the HOA corporation is dissolving? Was there a vote to dissolve the corporation? Was there also a vote to terminate the covenants? Was an attorney involved in arranging these votes?
The corporation owns the common area. Dissolution of the corporation can occur with the caveat that the corporation still has responsibility for certain things. The latter is called "winding up the corporation's affairs," as statutes typically put it. This includes selling all real estate that the corporation owns.
I suppose it's possible that owners can sign a "road maintenance agreement." Only an attorney should prepare such a agreement. I suppose it's possible that less than all former HOA members sign this.
For a longer introduction, key word search the following statute for "wind":
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0617/0617.html
MichaelT21 (Arkansas)
Posts: 200
Posts: 200
Posted:
As a technical note, dissolving the HOA (which is a private corporation) is a different action than eliminating the covenants that bind the HOA on how to do it's job. You can dissolve the HOA but the protective covenants will still be in force. Rather than being enforced by a private corporation, neighbors will have to talk to neighbors.
So in your case, what I assume will happen if the HOA is dissolved but the covenants remain in place, each neighbor will be required to pay their share of maintenance costs to whichever neighbor decides to spend the time to contract with the maintenance company to perform said maintenance. If one or more neighbors choose not to pay, any of the remaining neighbors can force the them to pay via a lawsuit. If this sounds like a mess, it certainly is.
So in your case, what I assume will happen if the HOA is dissolved but the covenants remain in place, each neighbor will be required to pay their share of maintenance costs to whichever neighbor decides to spend the time to contract with the maintenance company to perform said maintenance. If one or more neighbors choose not to pay, any of the remaining neighbors can force the them to pay via a lawsuit. If this sounds like a mess, it certainly is.
WendyM5 (North Carolina)
Posts: 1,522
Posts: 1,522
Posted:
Your best bet is to have city take over roads call city planning asap
vis ta vie
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