Question:
Our HOA was registered with the Secretary of State years ago, but that has lapsed. They are currently not filing paperwork with any State or Federal entity. Are they still a legal HOA? They are on my deed. If they are no longer legal, how can I remove reference to the HOA on the deed?
– Jen
Answer:
Hi Jen,
Homeowners associations that have failed to file with the proper state entity may lose their status as a non-profit organization. However, they may still be reinstated by filing for reinstatement with the Secretary of State, which may incur penalties.
As for removing the HOA from the deed, it may not be feasible as long as the HOA exists. It may be possible if the community opts to dissolve the association through a vote. The governing documents may outline the formal dissolution process you may take. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
