Salt Lake City, UT asked in Business Law, Civil Litigation and Real Estate Law for Utah

Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration

1 Lawyer Answer
Wesley Winsor
Wesley Winsor
PREMIUM
Answered
  • Saint George, UT
  • Licensed in Utah

A: Your question is hard to understand. I will try the best I can to answer:

Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to represent themselves when they entered into the HOA agreement. If they represented themselves as a valid non-profit then the Court will not let the Non-profit escape just because they haven't been organized correctly or their status has expired. Another scenario would be that any liability/obligation of the non-profit would attach to the agents personally if they fraudulently represented their status to the HOA.

I am not sure about your second question. The issue would turn on what made the declaration invalid?

I hope this helps.

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