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legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13441
Experience:  Attorney-Business degree from The University of Texas
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What CA statutes describe the dissolution of DiDs/HOAs

Resolved Question:

What CA statutes describe the dissolution of DiD's/HOA's?
Submitted: 8 years ago.
Category: Legal
Expert:  legaleagle replied 8 years ago.
An HOA is only dissolved under the requirements of their bylaws. The law is in the CA Civil Code Sections 1350-1368.
Customer: 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.

Expert:  legaleagle 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.
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