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HOA with expired covenants and by laws holding an annual meeting to vote in board members.
Anonymous5 views2 answers
Can an HOA with expired covenants and by laws legally hold an annual meeting to elect board members?
I am a homeowner in a subdivision with an HOA that sent all homeowners a letter dated November 25, 2014 - through a law firm stating that their covenants and by laws have expired and that they were enclosing a straw ballot to "get the opinion of all homeowners about them re-vitalizing the expired by laws and covenants they only put a box with YES beside it. They did not provide a box with NO so that we could choose yes or no. And then February 2015, they sent us a newsletter stating that they were holding a annual meeting on March 10, 2015 - for the purpose of voting in board members. Can they do this?
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
I am moving your question to "residential" so you will get more input to your question.
My question is did they revitalize?
Expiration of covenants by the Marketable Record Title Act (MRTA) is a complex piece of litigation and you cannot just say the covenants have expired. The covenants can be valid for some lots, but not all.
The HOA can still operate and elect board members. It does not cease to exist, but continues on as a voluntary HOA (if the covenants have truly expired).
I recommend you consult with a HOA lawyer in person who is familiar with MRTA. There is no simple answer to this that can be provided in a posting on the Internet.
What did the law firm say? They are the authority to be posing these questions to.
There doesn't have to be a "no" box. There is no law in what form a stare ballot must be presented. It is presumed not returning the ballot with a "yes" is in fact a "no" vote.
I have seen this question a lot lately and I'm not sure why people seem to not want HOAs to continue once covenants expire. The cost of lawn care, tree trimming etc. (any services offered) alone can be far in excess the HOA dues which you will be responsible top pay for your property without an HOA; and common grounds may not be maintained and facilities like the gym and pool not maintained or accessible as the HOA corporation owns those.
