Question:
Our Bylaws were written and signed on 9.30.1974.
All the signatures are from people who no longer live there / deceased.
We are comprised of 23 units. We are out of city limits and considered a POA. Approx half of us have moved in the last 5 years.
Nobody is provided a copy when moving in or have signatures ever been required. They only have records going back 5-10 years.
We are broke and falling apart.
They have zero consistency on following their rules.
Questions:
1) are the bylaws expired? (next year they will be 50 years old)
2) how much power do the people have?
Thanks!
– Sabina
Answer:
Hi Sabina,
It is important to have an HOA board in place. The board is responsible for enforcing the bylaws and CC&Rs, which include setting a budget, collecting dues, and maintaining the common areas of the association. You should check your county recorder’s office to see if you can request a copy of the association’s governing documents. From there, you should follow the bylaws and CC&Rs of the association. Elect an HOA board to get things going.
Additionally, since your governing documents might be old, it is a good idea to review and update them. This will usually require the help of a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
