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Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 34398
Experience:  30 years of real estate practice experience.
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Can an HOA that was administratively dissolved legally

Customer Question

Can an HOA that was administratively dissolved legally charge dues and late fees for the years it was "dissolved"?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Loren replied 1 month ago.
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Expert:  Loren replied 1 month ago.
No, they can not enforce any contractual obligations for dues, or any other contract, for a time when it did not exist, unless its board and members elected to continue operating as an unincorporated association. Otherwise, they would need to reinstate to charge dues.Please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Customer: replied 1 month ago.
They have since reinstated (July 2016) but is listed with the state as being dissolved in 2009. Once they were reinstated (did not have a formal meeting with members to vote or do so) can they charge for that point forward or from 2009 until present?
Expert:  Loren replied 1 month ago.
They can charge from 2009. They just can not enforce any obligation to pay while they are dissolved. Once they correct whatever caused the dissolution, they can enforce all payment obligations again.
Expert:  Loren replied 1 month ago.

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