HOA in effect or not

We have lived in our community for 15 years now, one of the first homes built. Over the years our HOA slowly fell apart, most of us agreed that with the small amount of community property we have (no pool/clubhouse etc..) we no longer needed to collect dues for maintenance.

I want to send out a communication regarding the covenants and restrictions (I was the last elected secretary) bt I am unsure if the HOA even still has any authority. We never officially voted or decided to disban or disolve the HOA, we just decided to not pay dues anymore.

My question is; Where can the documents be found? No one seems to have a copy of the original covenants, by-laws, HOA aggreements etc.. We lost ours when we had a flood due to a pipe burst.. Several homes on the street have been bought and sold several times over now and I wonder if the new owners even realize, or were told that we are in fact a HOA community.

We don't have a lot of issues other than parking in the street, my biggest pet peeve because some mornings it is difficult to back out of my driveway.

And of course with Independence Day this past weekend there were fireworks displays by the people accross the street. I don't mind fireworks, but I do mind when they are not cleaned up and I find them all over my yard and roof.

Most of the new homeowners on our street are immigrants and few speak english very well, and they tend to keep to themselves.

Any Ideas???

Tony,
Your key document is the community's Declaration of Covenants, Conditions, and Restrictions (Covenants - or whatever this may be called in FL). This document should be available at your County Cleck and Recorder's office. The homeowners association can be reinitiated to enforce the Covenants. Also, if the Covenants have a manditory assessment clause then each homeowner's property can be assessed to provide the funds necessary for such items as D&O insurance, Covenant enforcement, etc.

Tony - you might find out about the registered agent and the last officers when your HOA was registered with FL by going to this website - http://www.sunbiz.org/search.html
and putting in the name of your association. Even if you are not current, that information will appear. If the reg. agent is still available, that person might be able to tell you where to find the documents.
Also, you may be able to view the documents online by checking your county clerk's website.
My FL county enables me to do this online by going into the document inquiry section.

I'd like to comment on the last sentence of Mr. White's answer. I doubt that the county or state would step in to enforce the covenants, but I do know that each property owner has a right to enforce the covenants, usually in small claims/justice court, if there is no HOA to do so.

Tony,

Is there a deed to the areas you describe as being "community property"? If so, these areas could be deeded to you and the former Pres, for a nominal fee -- perhaps $1, and there would be no need for an HOA. Frankly, I see no need for an HOA to maintain areas which you and he have already agreed to maintain. Why pay an HOA fee for no good reason? As for enforcement of the covenants, when there is no HOA, each prop. owner can enforce in small claims/justice court.

Tony,

IMO, if you are adamant about contacting the h/o's I would suggest giving them the option of reinstating the HOA or dissolving. Give them the pros and cons of each option then let them vote on it.

Reinstate: This would mean contacting the state agency and perhaps paying the back yearly fees and/or a penalty. Once this done then a meeting of the members should be called to elect a board of directors. Then the BOD would inform the members that dues will again be collected and the covenants enforced by the BOD.

Dissolve: This would mean that the members would have to vote to dissolve the HOA. Check your CCRs for the requirements. Then the BOD would have to come up with a plan for the common areas. As I suggested earlier, you and the past Pres could be deeded for those areas which you are already maintaining. If those are the only common areas which have been deeded to the HOA then that's all that needs to be done as far as the common areas go. Next the BOD will have to make certain that all the bills have been paid and to close any accounts belonging to the HOA; i.e. water, elec, mgmt co, landscaper, etc. What ever monies are left in the treasury could be divided among the members of the assn. Once the amendment to dissolve has been filed with the Co Recorder then the HOA will no longer exist.

Liability: As long as there is an HOA in place liability rests with the HOA. If there is no HOA, then liability rests with each individual property owner. If the common areas are deeded to someone else then liability will rest with them. Bottom line: whoever owns the property is the person or entity who is resp. for anything that happens on their property, just as you are resp for anything that happens on your property.

IMO, liability should not be an issue when deciding whether or not to dissolve the HOA. If there are no other common areas other than those which you mentioned with you and the former Pres are maintaining, then what is the reason to have an HOA? To enforce the covenants? You didn't mention that enforcement is an issue; however, with no HOA each individual prop owner has the right to enforce the covenants. So, IMO, enforcement is not an option.
So, what is left? IMO, nothing!! BTW, what did you even pay $25/year for back when?