Q: Neighbohood developer created an HOA. Does it still exist if lot owners were supposed to take control but didn't?
Developer created a HOA when building neighborhood. He created a non profit corporation via secretary of state and filed declaration of restrictions with county recorders office. According to the restrictions it states management and voting control concerning all issues regarding association shall be maintained by him until all properties sold at which time the control shall shift to lot owners. Our neighborhood was completed in 2005 and some neighbors continued with the HOA but never filed necessary paperwork. Only paperwork we have is what he filed in 2003. "HOA" has had the same members since I moved here in 2009. They never hold any meetings. I do not believe this to be a legit HOA. Does the paperwork he filed still uphold although he no longer has anything to do with our neighborhood. Shouldn't the neighborhood as a whole if they wanted to continue "HOA" have to take necessary steps and file additional/different paperwork?
A: It's less about paperwork and more about use. If no one is actually utilizing the HOA, then a strong argument can be made that the restrictions and provisions of the HOA no longer apply.
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