Q: Is my HOA contract still valid and do I need to continue to pay annually?
My HOA declarations list the incorrect county and the "city guidelines" around design elements are based on the WRONG city. The board voted to amend but because of verbiage in the contract, we need a vote from 75% of the lots. That failed, and now no changes can be made. Because of these errors, is the HOA contract still even valid?! It's the completely wrong city and county. How can that be enforced?
A: If the HOA declaration was properly recorded in your county recorder's office, then until somebody sues the HOA in court, and a court rules the HOA declaration invalid, the HOA can enforce it. A court would probably consider the wrong city/county as a mere drafting error that is not sufficient to invalidate the declaration. It is difficult to amend HOA declarations because of the percentage approval required. The HOA can consult its attorney, or use the Find a Lawyer tab to retain a local real estate attorney who can review the declaration and advise you.
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