[agfernan]

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The current board registered a new HOA Name as the Original HOA Name has been Administratively Dissolve since 2011. Is this legal? No CC&R Amendments and no Supermajority vote has taken place for the name change. Only the three board members decided to create a new name and register it to the state with a different UBI number in order to protect themselves as they have stated in their email. I don’t think it’s been recorded under our CC&R that’s why they want to change the CC&R but failed under the Super majority Vote. Now the HOA is in different name and has property management, are the violations fines and warnings actually be enforceable. Could Homeowners challenge any citation as the new HOA name isn’t in the CC&R? Please advise. Thx

[jeannie13]

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Name changes likely need a vote but it really depends on your governing documents, I’d say. I think you should challenge the board on that. It doesn’t seem right for them to change the name without a vote. I’d also lawyer up if I were you. Not necessarily to sue but just get ready for it. A lawyer will also be able to help you interpret your governing documents. Plus, if your board formed a new HOA and didn’t get consent from homeowners to join, then technically you’re not members of that new HOA, right? It’s kind of a confusing subject. Again, best to get a lawyer.

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