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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: 7 months ago.Category: Real Estate Law
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Customer reply replied 7 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 7 months ago
do you practice HOA law in virginia?
Customer reply replied 7 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 7 months ago
Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,564
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 What I can tell you is that generally speaking under Corporation law, once the charter has been revoked administratively for failure to file necessary ports, the only power that the directors retain is take the necessary steps to wrap up the business of the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.

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Customer reply replied 7 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 7 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.

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