If the HOA has "dissolved" will you please tell me how it can be re-activated?

Bankruptcy and Debt 8 views 1 answers
There is a CC&R for the "estate" I live. It appears that there is no longer a HOA. There was an architectural committee. According to the CC&R the architectural committee resigned one month after the last house was built.

Attorney Answer

1
Kyle L GrantReal Estate AttorneyLake Oswego, OR ·
Even if the HOA was in fact dissolved, the covenants contained in the CC&Rs are still in full effect, and the CC&Rs should have some provision authorizing the formation of a homeowners association. If there is common property or any common maintenance obligations of the Association, you as owners are still considered part of an "unincorporated association" for those purposes. However, it's also possible that your HOA was not actually dissolved but rather just inactive, meaning that no elections are taking place and no meetings are being held, but is still incorporated and still "existing" on paper. That practical answer in either case is, if you want to re-activate, the owners can call an election meeting to elect a board of directors who will again enforce the provisions of the CC&Rs and collect assessments. The architectural committee serves only at the pleasure of the Board. So once a Board is in place, it can form whatever committees it wants, including a committee for architectural control. The ability to do this depends on the support you can get from your fellow homeowners. You should have an experienced attorney review your CC&Rs and examine the history and status of your HOA to determine the best course of action.
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