Expired Hoa Restrictive Covenants (real estate, attorney, home) - City-Data Forum

FARMALLH1941 · 08-09-2007, 12:31 PM

I moved into a HOA 1998 where the covenants had expired in 1996. The board of directors were unaware of this until 2005. In 2006 the board rewrote to by-laws and covenants adding many new covenants to the old expired ones and had them registered as the "Reinstated by-laws and covenants". This was all done without the land owners consent or knowledge. No open meetings were held (only private sessions) and there was no voting on the new by-laws and covenants by the land owners, only the board.
When I questioned the board on the validity of by-laws and covenants not voted on by the land owners, I was told that the board had the power to vote on it for the land owners and did not need their consent. (I got the feeling they are quite power hungry and do not liked to be questioned).
Can the board in-fact adopt new by-laws and covenants without the land owners consent or knowledge? The old expired covenants state that it takes a majority vote of the land owners. The new ones does not even address making changes.

crashcop · 08-09-2007, 01:14 PM

Quote:

Originally Posted by FARMALLH1941

I moved into a HOA 1998 where the covenants had expired in 1996. The board of directors were unaware of this until 2005. In 2006 the board rewrote to by-laws and covenants adding many new covenants to the old expired ones and had them registered as the "Reinstated by-laws and covenants". This was all done without the land owners consent or knowledge. No open meetings were held (only private sessions) and there was no voting on the new by-laws and covenants by the land owners, only the board.
When I questioned the board on the validity of by-laws and covenants not voted on by the land owners, I was told that the board had the power to vote on it for the land owners and did not need their consent. (I get the feeling they are quite power hungry and do not liked to be questioned).
Can the board in-fact adopt new by-laws and covenants without the land owners consent or knowledge? The old expired covenants state that it takes a majority vote of the land owners. The new ones does not even address making changes.

All states are different, but I believe the homeowners would have to vote on the new, changed by-laws. Also, since the old laws were expired when you moved in, in reality there was no HOA. This could also change the outcome. Contact an attorney that specializes in real estate to get an opinion on IA law.

FARMALLH1941 · 08-09-2007, 03:01 PM

Thanks crashcop, I never realized that the HOA did expire with the covenants, therefor they don't have a right to reinstate anything.

mthawki · 08-14-2007, 11:05 AM

Like cashcop said, consult with a contract or real estate attorney to find out for sure. But if the HOA was essentially defunct for 10 years, then there is more than likely a statute of limitations that would mean it's null and void period. It would probably have to completely reorganize itself from scratch and unless the homeowners agree to it, then they're out of luck.
If the current power hungry HOA board tried to actually carry out any rulings, covenants, etc good luck to them, because they don't have a leg to stand on.

freelander01 · 12-23-2009, 11:24 AM

I also have purchased a home August 2006 where the HOA expired 1999. The HOA renewed in 2006 October and has placed a Lein for services I never recieved such as lawn cutting and use of the community pool and club house. Prior to the time of my closing a second HOA was formed which my real estate attorney and title company advised me the only HOA in effect was the one my restrictions and my payment would go to. Is there a way for me to remove a Illegal Lein on my property without an attorney? Thank you for any info. "LIVE FREE OR DIE"