How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jane Doe Deer Your Own Question

Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience:  Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
10033880
Type Your Real Estate Law Question Here...
Jane Doe Deer is online now
A new question is answered every 9 seconds

Our homeowners association was established over 20 years ago.

Resolved Question:

Our homeowners association was established over 20 years ago. Along the way we decided to no longer collect dues and let our llc standing lapse. We also have not had annual general meetings for a while. An issue has arisen which is in vilolation of the original covenant and bylaws. Does our homeowners association still exist and can we enforce the provisions in our original bylaws and covenants?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Jane Doe Deer replied 3 years ago.

Thank you for contacting Just Answer. I look forward to assisting you.

 

While we write back and forth, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Sometimes I'm unable to read your entire question until AFTER I write back to you.

 

Although it's usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.

 

I need the following information before I can answer your question:

 

Can you please tell me whether you have CCR's that are still current (convenants), or have they, too expired?

 

Does the association file its non-profit corporation papers every year, if required to do so?

 

Have the Bylaws expired according to their own language?

 

How many owners are there?

 

I'll look forward to hearing from you,

 

Jane Doe Deer

 

 

Customer: replied 3 years ago.

1. covenants are in existence until March of 2018.

2. non-profit corporation papers have not been filed in several years

3. by-laws should no termination, unless the absence of annual meetings in the past several years can be construed as such.

4.54 homeowners

Expert:  Jane Doe Deer replied 3 years ago.

Thanks for all the information. That helped tremendously.

 

Let's return to your original questions:

 

"Does our homeowners association still exist and can we enforce the provisions in our original bylaws and covenants?"

 

I cannot give you legal advice. You and other owners need to reach your own conclusion.

 

However, you have an option. That's to assume (or is it presume - I get those mixed up, lol!) that the association does indeed continue to exist, until the other party with which you're having a problem can prove otherwise.

 

I'm going to continue on another email, because I'm afraid the power is about to go out here and I'll lose what I've written so far.

 

Be back in a minute.

Expert:  Jane Doe Deer replied 3 years ago.

Continuation - please return to prior message from me and read that first.

 

As you noticed, there were a few questions that I asked you, the answers to which I thought were relevant. I think that the most important thing is that you still have active convenants (I hope the convenants refer to an association).

 

If and when you write a letter to the "bad" owner, I suggest you send correspondance by certified, return receipt mail. Be sure to do everything in writing.

 

My very best,

 

Jane Doe Deer

Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3864
Experience: Atty. 24+ years; Plain English explanations of Landlord/Tenant & Purchase/Sale
Jane Doe Deer and 6 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.