Question:
I was told we no longer have an HOA it is now voluntary and there is no one to fill out administrative forms for refinancing or sales of property. They refuse to communicate. What do I do.
– Summer
Answer:
Hi Summer,
It is best to check if your HOA has truly dissolved. Your local county recorder should be able to shed some light on this.
If there is still an HOA but it is voluntary, there should still be an HOA board in place. Voluntary HOAs must still adhere to their governing documents, which includes election and board requirements. Your HOA board should be responsible for those forms.
If there is no HOA board in place and no one wants to fill the roles, then your HOA will have to go into receivership. One or more members of the HOA will have to petition the superior court to appoint a third party to act as a receiver or custodian for the HOA. This receiver will be the one responsible for managing the HOA, including filling out administrative forms and the like.
Keep in mind, though, that there are a lot of downsides to having a receiver over an HOA board. Receivers can be very expensive, and they don’t necessarily have the best interests of the HOA in mind. Members have little to no say in operations and financials, giving the receiver most of the decision-making power.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
