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CathyM2 (Missouri)
Posts: 2
Posted:
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?
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
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.
CathyM2 (Missouri)
Posts: 2
Posted:
Thanks, I have our first meeting scheduled 12/6 so that gives me a little time to do the research. . What type of atty do I look for? I am in MO.
Thanks,
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
You may want to contact the local bar association to see if they can refer you to an attorney that has a substantial practice with homeowners associations or real estate. Otherwise, if you are on the east side of the state try contacting the professional organization local chapter,

CAI Chapter Executive Director
Cathy Roth-Johnson
St. Louis Metro Chapter
PO Box 953
Bridgeton, MO 63044
Phone: (314) 423-8859
Fax: (314) 423-8860
E-mail: [email protected]
Web URL: http://www.caistl.org

There is a KC chapter, but it is not very active.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Once something like this happens, it is difficult to get back the authority of the HOA and the Board.

You can call a "town meeting" of the residents and explain what has happened (once you find out the status of the corporation) and try to get an idea of whether or not the residents even want to continue as an HOA.

You will need to follow the Articles of Incorporation to dissolve the HOA IF that's what the residents want. So they will have one LAST vote that would have to be taken to do that.

BUT it sounds like you have ownership of the roads, so what other common elements or assets does the HOA have?

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