North Dakota HOA Neglecting to Repair Duties

Question:

How do i get my hoa to fix items that were to be fixed at move in and yet, 3 months later still nothing?
Do i go to a lawyer with this?

– Chad

 

Answer:

Hi Chad,

Kindly review the governing documents to make sure the HOA is responsible for repairing and maintaining the facility or common area in question. If so, you may raise the issue with your HOA board. Try contacting them through all channels of communication or raise the concern at the next board meeting.

However, if the board is intentionally neglecting its duties, you may consider removing the problem board member(s) according to the procedure outlined in your governing documents. If there are no provisions in the governing documents and the HOA is organized as a nonprofit, you may refer to the North Dakota Nonprofit Corporations Act Section 10-33-36 which outlines the process for nonjudicial removal of board members.

Finally, if all else fails, you may consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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