Question:
How to dissolve an HOA?
1. No enforcement of covenants since inception.
2. No road maintenance since inception.
3. No dues were collected for the first 20 years of th 23 year old HOA.
4. The developer had control until 3 years ago.
– Kari
Answer:
Hi Kari,
If the HOA was developer-controlled, it may be because there were not enough unit owners until recently. For more information on developer-controlled communities, please refer to this article: https://www.hoamanagement.com/
If the HOA is not fulfilling its duties to maintain common areas and enforce rules, you may opt to re-elect new board members during election season. This article may also be helpful to guide you when an HOA is not doing its job: https://www.hoamanagement.com/
However, if the HOA is incorporated as a nonprofit and dissolution is the only suitable choice, you may refer to the Montana Nonprofit Corporation Act Section 35-2-721. Kindly also refer to your HOA’s governing documents in case it has any provisions regarding dissolution.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
