Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
