Nampa, ID asked in Business Law for Idaho

Q: Can we break contract with our HOA property mgmt for (again) failing to submit our annual report with Secretary of State

The company that we as a community wanted to fire last year, got us on contract again thanks to failure to act by our Board. They have again failed to file our annual report with the Idaho Secretary of State, thus administratively dissolving our HOA.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: An HOA contract is just that, a contract. The HOA is a selected (or elected) group of home owners who act on behalf of the entire plat of homes. If you have a copy of the contract please read it carefully. It will dictate how and when a home owner(s) may dissolve the board. Unless the contract itself violates Idaho's "open meetings" laws, or is invalid for other reasons, you should only need to look to that document to determine the next step you can take. Good Luck and please let me know what you find out.

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