Warren, OH asked in Real Estate Law for Ohio

Q: If the Article of Incorporation for my HOA were canceled by the Secretary of State, who has the legal right to reinstate

those articles? The HOA existence was canceled with Articles of Incorporation however, the existence of the HOA was recently reinstated by the state, does that automatically reinstate the articles of incorporation?

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1 Lawyer Answer
Joseph Jaap
Joseph Jaap
  • Cincinnati, OH
  • Licensed in Ohio

A: Cancellation by the Ohio Secretary of State does not terminate the existence of an entity. Termination is done only as provided in Ohio law. The Articles remain in effect as filed with the Ohio Secretary of State until they are changed as provided by law by those who have the authority to change them. Use the Find a Lawyer tab to retain a local business attorney to review the recorded HOA declaration and advise you so you have complete answers to all the different questions you have about this.

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