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Our homeowners association was established over 20 years ago.

Along the way we decided...
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?
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Answered in 42 minutes by:
11/15/2010
Jane Doe Deer
Category: Real Estate Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
Verified

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

 

 

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Customer reply replied 7 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

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.

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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
Category: Real Estate Law
Satisfied Customers: 3,896
Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale
Verified
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Jane Doe Deer
Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Real Estate Law
Satisfied Customers: 3,896
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Experience: Attorney since 1986; Plain English explanations of Landlord/Tenant & Purchase/Sale

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