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Posted By CathyM2 on 11/07/2008 2:01 PM
Our document is probably 15 yrs old and has never been enforced or followed, annual meetings about every other yr, nothing registered with the state etc. Payment of dues has even ceased with several local homeowners doing all the road maintence. My question is has this caused the association for all intense and purposes to be null and void? Just moved in and was given a spot as trustee (big wow) but trying to figure this all out. One homeowner now wants to enforce "one" of the regulations, seems to me you can not cherry pick. Also a sham to begin with?
Perhaps your first step is to check on the status of the corporation with the secretary of state. If the corporation has not filed annual reports with the proper state authority, it may have been terminated. It may be possible to reinstate it. But simply because the corporation may have lapsed, does not necessarily mean that the association cannot do business. (It just cannot do business as a corporation. It can still function as an unincorporated membership association.) State laws govern.
I would suggest that you consult (perhaps informally) with a local attorney to determine what steps you need to take. You may be able to get some valuable information without incurring any fees, if the attorney has a chance to get more significant work from you later.
I would urge you to go slow, use reason (and compassion), and not try to use a heavy hand at the outset. It appears that you have a major rebuilding process to undertake, and that will take time.
Tell members what you plan to do, do it, and them tell them what you did. Give your neighbors the benefit of the doubt, and give them time to get comfortable with a new way of doing things. Patience will be your greatest ally and frequent communication your greatest tool.
You should "cherry pick." Choose what you do at first very carefully.