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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5733
Experience:  20 years professional experience
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My name is ***** ***** Roberson. I live in Snellville, GA.

Customer Question

My name is ***** ***** Roberson. I live in Snellville, GA. My HOA was administratively dissolved. The secretary of state said it was dissolved in Dec. 2015. However, we are still continuing to receive invoices for HOA fees. The invoice stated that we would be charged 18% per year or 1.5% monthly if we are late. Legally can they collect dues if it has been dissolved.
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, the HOA has not met or voted for new officers since 2013. The last HOA management stole the money and never paid the dues to the state. If the HOA is dissolved are they legally allowed to conduct business and collect fees.
JA: OK got it. Last thing — Real Estate Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Maverick replied 6 months ago.
Welcome to Just Answer (“JA”)! My name is Maverick. Please note that: (A) The information we provide is general information. No attorney-client relationship or privilege is formed by communicating with me. If you want legal advice, you must consult with a local attorney in person before acting or deciding not to act based on any information given here; (B) Experts answer questions based on the honor system. When I feel that I have provided you with a complete answer, I will ask for you to assign a feedback rating so that JA will compensate me for my time; and (C) You should not be concerned about any short delays between your questions and my replies. Please know that I answer most questions within the hour if I am signed on. If I am not signed on, then I still make every attempt to respond within 24 hours. Thank you for taking the time to understand how this site works. By continuing, you confirm that you understand and agree to these terms. Answer will follow in the pane below as per above parameters….
Expert:  Maverick replied 6 months ago.
First it is important to understand that if an association fails to file an annual report for xyz years, GA will administratively dissolve the corporation. However, dissolving the corporation does not dissolve the association. It merely removes the advantages that being incorporated offers. To fully dissolve an association its CC&Rs need to be amended stating the same. It also normally requires the sale of all common areas. If your deed restrictions specify that members will pay assessments, then members are still obliged to pay those even under an administrative dissolution. Further, this is easy to fix for the association. It simply completes the reinstatement form and pay the past due fees. The corporation will be reinstated back to the date it was administratively dissolved, as if the dissolution never happened. So, you cannot risk not paying dues under these circumstance. I would suggest that you get a copy of the CC&Rs so that you know that the association is always playing by the rules.

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