HOA Expired Charter

Started by LindaM5 • 6 replies • 3857 views

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LindaM5 (Texas)
Posts: 32

Posted:

Has anyone experienced/dealt with an expired HOA charter? We just had a "mutiny" within our HOA, and several of us owners took over as a new board of directors (with a red ink smeared budget), and hired new property managment. Cleaning house and cleaning up, we just discovered that our HOA charter has expired/lapsed and we're not sure what to do. Anyone out there who can help this rookie board of directors?

Thanks,
Linda
Dallas, TX

RogerB (Colorado)
Posts: 5,067

Posted:

Linda, it depends by what do you mean by charter? Are you referring the to expiration of your Declaration of CC&Rs or the expiration of your incorporation with the state of Texas? Often the Declaration is automatically extended or is perpetual; whereas incorporation fees need to be paid yearly or every other year. You can probably renew the Articles of Incorporation by paying the required fee.

LindaM5 (Texas)
Posts: 32

Posted:

Roger,
Thank you so much for the response/information. I will have to review and acquire more clarification - I believe it must be the Articles of Incorporation that we are in trouble with. Is that a Secretary of State fee to pay - or do we need an attorney? No one has paid attention to this small 24 condos HOA for 12+ years (until I and a few others were new owners)...what a mess! We "mutineers" have a huge job for recovery and renovation.

RogerB (Colorado)
Posts: 5,067

Posted:

Linda,
Yes, you deal with the secretary of state of TX. Go to that website and type in the name of your HOA to find out your status. That site will also probably advise on filing to renew your corporate status is necessary.

LindaM5 (Texas)
Posts: 32

Posted:

Roger,
YOU ARE A WIZARD! I checked out the Sec/State website, and found that our HOA is NOT IN GOOD STANDING. (Didn't like those words). Anyway, I will contact the Controller's office and try to resolve ASAP, whatever "not in good standing" means. Our HOA is busted flat...so I hope it's not money that they want. : )

Thanks a ton from Texas!!

LindaM5 (Texas)
Posts: 32

Posted:

Roger,
I new, I'm dumb in this HOA gig...but what do you mean by "Declaration of CCR'S"?

Thanks again....

ShawnaF (Colorado)
Posts: 84

Posted:

Linda - (I'm not Roger, but maybe I can answer to help you) those are part of your governing docs - Declaration of Covenants, Conditions & Restrictions (CCR.) You SHOULD have those docs from when the HOA was originally formed.

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