Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Our HOA failed to final the State Corporation Commission.

Customer Question
Our HOA failed to...

Our HOA failed to final the State Corporation Commission. The community lost its incorportation

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Virginia. The "board" is refusing to hold annual meeting, provide financials and minutes

Lawyer's Assistant: Has any paperwork been filed?

Not sine 2010

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

When I tried to independently call a meeting, the board threatened me because I called it an HOA meeting. So, I bought the name. I fully intend to give it back to the neighbors. But, this board keeps threatening me with legal action for just sending a letter out to my neighbors and asking questions

Submitted: 5 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
How can you have Articles of Incorporation if there is no longer a corporation?Do they have a right to demand I give back the corporate name since it was freely available for 2 years (after the 5 year purge)
What legal agency governs HOA in Virginia? The board is acting in secrecy, refusing to hold meetings, and personally threatening me. Also, they "fired" a board member that agreed with my request.
Customer reply replied 5 months ago
do you practice HOA law in virginia?
Customer reply replied 5 months ago
Failed to file SCC required documents to keep the HOA corp
Answered in 2 days by:
11/19/2017
Real Estate Lawyer: Irwin Law, Lawyer replied 5 months ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,545
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Verified

I am not a Virginia lawyer who practices HOA law. I don't do so, even inn my own state.. Thank God! The reason I thank God for not being in this field is due to the fact that so many HOAs are run just like yours. What I can tell you is that generally speaking under Corporation law, once the charter has been revoked administratively for failure to file necessary ports, the only power that the directors retain is take the necessary steps to wrap up the business of the corporation. the board would no longer have power to enforce the CC&Rs or Bylaws of the corporation. Any member of the Association can now file for an injunction against the board members and officers individually and obtain a court order preventing them from doing anything but wrapping up the business of the Corporation. That is the general law, but there may be specific provisions in the Corporation's governing documents which cover the situation, so those must be reviewed by your attorney.

I hope that I have provided excellent service and, if so, would appreciate a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks for using JUST ANSWER.

Ask Your Own Real Estate Law Question
Customer reply replied 5 months ago
Thank for your answer. It is interesting. I will be speaking with an HOA attorney next week. I'd say 5 is earned. Specific, honest, a way to go forward.
Real Estate Lawyer: Irwin Law, Lawyer replied 5 months ago

Thanks for the Reply. Please don't forget to enter a rating (hopefully ‘Five Star’) by clicking one of the boxes at the top of this reply. There is no additional cost to you. Thanks again for using JUST ANSWER.

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Irwin Law Your Own Question
Irwin Law
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,545
7,545 Satisfied Customers
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.

Irwin Law 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Can an HOA for a townhome association demand a specific
can an HOA for a townhome association demand a specific amount of replacement cost insurance? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My question is in regards to master associations, HOA Board
My question is in regards ***** ***** associations, HOA Board elections, and individuals who resign, after they announce their run for the board, and before the annual meeting. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
459 satisfied customers
In a transaction involving a "gift of real estate" there is
In a transaction involving a "gift of real estate" there is no consideration (it's a gift). If the gift deed is recorded is it protected from third party claims or can it be challenged because there w… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is it illegal for a condominium association HOA (or counsel
Is it illegal for a condominium association HOA (or counsel hired by the HOA) to threaten to a homeowner's mortgage bank to foreclose on that homeowner's condo in pursuit of an assessment charged by t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
Can you answer Texas real estate law concerning builders and
Can you answer Texas real estate law concerning builders and hoas … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I am in one piece of real estate that are owned by for
I am in one piece of real estate that are owned by for individuals as tenants in common. If one of them is willing to give me his order what can be done to the deed so no property tax is impacted … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,197 satisfied customers
Real estate Question Can you define “wholesale real estate”
Real estate Question Can you define “wholesale real estate” & “Bandit”sign? Also, are bandit signs legal in Michigan?… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
Need a real estate lawyer in city. I signed a real estate
I signed a real estate contract without my thinking through but would like to cancel the contract. what can I do without getting sued? … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What is the statute of limitations on a real estate
What is the statute of limitations on a real estate transaction that is based on an earlier created FORGED Deed. … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,672 satisfied customers
This is a real estate question, We are looking at possibly
This is a real estate question,We are looking at possibly buying a house for $4mil. The house we are currently leasing we are interested in purchasing. We are trying to encourage the owner to sell. Pl… read more
Lori
Lori
Juris Doctor
1,028 satisfied customers
This is a real estate issue. We are the sellers of a home.
This is a real estate issue. We are the sellers of a home. Our next door neighbor's propane tank is encroaching on our property by two ft. The neighbor has verbally agreed to have it relocated but it … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,028 satisfied customers
Is an Agreement for the Sale of Commercial Real Estate
Is an Agreement for the Sale of Commercial Real Estate binding if only the Husband signs the Agreement although both the husband and wife are on the deed for the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Does a real estate investment fund need a real estate
Does a real estate investment fund need a real estate license to operate? The crowd funding company's real estate broker license was suspended since 11/11/2017 due to several violations that was broug… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in NC in a hoa governed subdivision. My 3 neighbors
I live in NC in a hoa governed subdivision. My 3 neighbors have built pergolas in the past 3-4 years. I ask to to build the exact pergola and they refused my request. What might I do … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My neighbor just sold their house pendin HOA approval for a
My neighbor just sold their house pendin HOA approval for a fence and pool, which was given. However, the property line between our houses doesn't permit the construction equipment to get to the back … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,036 satisfied customers
Real estate or propertyquestion. Az. My neighbor. Built a
My neighbor. Built a wall and car Ramada , partly on his neighbors property. The wall benefits both and he said neighbor said ok… read more
LegalGems
LegalGems
Juris Doctorate
11,585 satisfied customers
I live in Barefoot Resort Residential Association, an HOA.
I live in Barefoot Resort Residential Association, an HOA. The BRRA BOD is willing to consider replacing a wooden fence installed by thr Sponsor 10+ years ago. The sponsor is no longer involved with t… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can a HOA association be created and then immediately call
Can a HOA association be created and then immediately call itself inactive for 10 years because no dues or minutes have maintained or for any reason at all?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 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