Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

What CA statutes describe the dissolution of DiDs/HOAs

Customer Question
What CA statutes describe the...
What CA statutes describe the dissolution of DiD's/HOA's?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 17 minutes by:
2/14/2009
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
Verified
An HOA is only dissolved under the requirements of their bylaws. The law is in the CA Civil Code Sections 1350-1368.
Ask Your Own Legal Question
Customer reply replied 8 years ago
Thanks for your reply!

Our HOA bylaws do not include procedures for dissolving the association.
I searched the CA Civil Code Sections 1350-1368, Davis-Sterling Act, for any phrase with "diss" - dissolve, dissolution - and came up empty.
The only answer I've come up with are CA Corporations Codes 8724 & 12663.
Those statutes state that it takes 100% approval from the homeowners.

I presented the CA Corporations Codes to the "Board" and they threw them back in my face saying that they didn't apply. Do they apply???? We are non-profit. Corporation and Incorpated are terms tossed around by the board.

I'm at a lost as to what to search next. Your assistance is appreaciated.

XXXXX XXXXX
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
You are correct that if the HOA is a a corporation, for profit or non-profit, they are bound by the Corporations Codes. If the board does not comply with the law, you and other homeowners can sue the board for this violation if they dissolve illegally.
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
Verified
legaleagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask legaleagle Your Own Question
legaleagle
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
13,441 Satisfied Customers
Experience: Attorney-Business degree from The University of Texas

legaleagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am in a civil unlimited case in Fresno, ca. I have
I am in a civil unlimited case in Fresno, ca. I have received a motion filed with Superior court by the cross-defendant in this case to cross-complaint that I filed against them. The motion was filed … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
When doing a rental lease. And the term lease is used and
When doing a rental lease. And the term lease is used and act. For example. If there is a conflict between any provision of this lease and the act, the act will prevail. How is the act and lease used … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,343 satisfied customers
I sent a written notice to my landlord and want to know the
I sent a written notice to my landlord and want to know the next step … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Ray, Merry Christmas Listen, I now got a federal proceeding
Hi Ray, Merry ChristmasListen, I now got a federal proceeding going, a state unlawful detainer going, and I think I actually need a state-law based (can it be filed in federal court?) Complaint to Qui… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
My dead vehicle was towed. A few months later the towing Co.
My dead vehicle was towed. A few months later the towing Co. sold the car. They then billed me for $4G. I heard that they must take the car proceeds in full settlement of towing and storage charges. D… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
What is the CA civil code that requires developers/builders
What is the CA civil code that requires developers/builders in an new HOA development to disclose the full copy of CC&Rs? What are the consequences for failure to disclose?Are CC&R specific rules that… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
We are seeking legal advise on if we are bound by a civil
We are seeking legal advise on if we are bound by a civil code to contribute to a road maintenance fund set up by a volunteer committee within our neighborhood.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Can you refer me to the California Civil Code Section that
Can you refer me to the California Civil Code Section that requires both the contractor and engineer who signs off on a project must provide a ten year warranty against structural defects, including l… read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Do HOAs/developers need to follow civil code Civil Code
Do HOAs/developers need to follow civil code Civil Code §4340 in changing the “design guidelines” I know under that code rule changes requires a 30 day prior notice and a 15 day post notice to all own… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I have a tenant no longer lives on property but they 8
I have a tenant no longer lives on property but they 8 months back rent … read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
My mgmt company where my husband and I have rented an
My mgmt company where my husband and I have rented an apartment since 2008 are once again renewing our lease. Studio City, CA A new person has asked for proof of our pet deposit from 2008 i can't find our original lease (it's in our home somewhere) … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
I moved from a property on Sept 30th 2017, on the 21st day
I moved from a property on Sept 30th 2017, on the 21st day after moving out they mailed me a certified latter with an itemized list of charges and I balance I owed outside of the security deposit that… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Do you know where I can find the California Civil Code for
Hello, do you know where I can find the California Civil Code for requirements for defamation claim?… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,385 satisfied customers
Is the California Civil Code 1096 violated if the “Real
Is the California Civil Code 1096 violated if the “Real Party In Interest” name is; “LEE'S TECHNICAL INSTITUTE, INC.,” and it owns a parcel of real estate in that name, and know they want to sale this… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers
Texas civil code says this about recovering attorneys fees:
Texas civil code says this about recovering attorneys fees:§ 38.003. Presumption It is presumed that the usual and customary attorney's fees for a claim of the type described in section 38.001 are rea… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,002 satisfied customers
Why is a citation under CA Civil Code 419.90 necessary in
Why is a citation under CA Civil Code 419.90 necessary in Probate Estate … read more
Expert James
Expert James
Doctoral Degree
11,710 satisfied customers
Re: Does Ca. civil code 841 apply where an existing fully
Re: Does Ca. civil code 841 apply where an existing fully functional chain link fence and hedges already exist? Our neighbor built a new fence on his property and is demanding we pay for materials. … read more
socrateaser
socrateaser
1,031 satisfied customers
Civil Code 1054. "A grant takes effect, so as to vest the
Civil Code 1054. "A grant takes effect, so as to vest the interest intended to be transferred, only upon its delivery by the grantor." Please give me an example of a delivery to grantor, what is consi… read more
Ray
Ray
Lawyer
Doctoral Degree
30,877 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x