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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30910
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My HOA has not had a meeting in 3-5 years. At what point in

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My HOA has not had a meeting in 3-5 years. At what point in time is the covenant and regulations no longer active?
Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

Generally, the members of the HOA would have to file a lawsuit to dissolve the HOA board for failing to abide by the rules and bylaws, including its failure to hold meetings. The court can order the HOA to be dissolved, which would allow the regulations and covenants to be lifted.

It takes a court order to dissolve a HOA, so that's really the only way to have the HOA and its regulations removed from the properties current regulated by it.
Roger and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.
Are there any penalties against the HOA for not abiding by state legislature?
There certainly could be damages sought by the members from the HOA for failing to maintain the HOA as agreed. For instance, if dues have been paid for services, and those services were never provided, etc., then the HOA could be ordered to repay those amounts to the members.

Thus, it is certainly possible that the HOA could be held financially responsible to the members for money taken without providing the expected services. How much or whether recover is possible would depend on the specific facts of your case.
Customer: replied 3 years ago.
Can they enforce the covenant after such a long period of time with no meetings or notifications?
It is possible IF the HOA is re-established.

That's why you must get a court order to dissolve the HOA in order to end its authority.

Hi -

I was checking in to see if you had any additional questions or needed anything further. If so, please let me know. Thanks.

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