Question:
If I live in a neighborhood with a previous HOA that dissolved in 2015, do the bylaws and covenants still apply? We are being made to pay yearly and liens are being threatened by the secretary of the HOA but I don’t believe they have the right to do that since the HOA is no longer active. Any help in this matter would be appreciated.
– Janet
Answer:
Hi Janet,
Generally, a dissolved HOA can no longer enforce the rules or collect dues. However, it is possible for an HOA to be reinstated. According to the Georgia Code § 14-3-1422, “A corporation administratively dissolved under Code Section 14-3-1421 may apply to the Secretary of State for reinstatement within five years after the effective date of such dissolution.” A reinstated HOA can resume business operations. Make sure to check the status of your HOA to confirm whether it has really been dissolved.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
