HOA registration with Sec. of State/County Recorder od Deeds

[DanN]

What is the name of your state (only U.S. law)? IL / I recently discovered that our Association was no longer registered with the state(involuntarily dissolved 4 years ago), and that the recording of our Declarations with the county may have never been done. Is this a problem, we seem to be getting along fine for 10+ years without incident. Thanks in advance, Dann

 

[HomeGuru]

What is the name of your state (only U.S. law)? IL / I recently discovered that our Association was no longer registered with the state(involuntarily dissolved 4 years ago), and that the recording of our Declarations with the county may have never been done. Is this a problem, we seem to be getting along fine for 10+ years without incident. Thanks in advance, Dann

**A: it is a problem if the deed requires a HOA.

 

[DanN]

**A: it is a problem if the deed requires a HOA.

Hmm, I imagine that info is somewhere in the decs, ugh. Let's say the deed requires it, what's at stake? Thx, DanN

 

[LdiJ]

Hmm, I imagine that info is somewhere in the decs, ugh. Let's say the deed requires it, what's at stake? Thx, DanN

Its more of a problem for those in charge of running the HOA (the board of directors) than anyone else. They have been collecting money when they do not have the right to do so, and most likely have not been filing the required tax returns. If your collective deeds require an HOA then it needs to be reinstated ASAP...and most likely a completely new board of directors elected.

 

[festival]

I assume that you live in a community of separate houses and don't pay dues, and your association is not active, which allowed all of this to happen.

I would go to the county recorder and get a copy of your Declaration, bylaws, articles of incorporation, amendments, plat of survey, and anything else they may have for your property. The declaration was probably recorded before the first unit was sold. If not, someone must have a copy.

Read it for the definitions, covenants, rules, and other provisions for your property. Does the declaration contain anything that defines and protects your community or your property values? Do you have any common property that needs to be maintained and protected? You have a declaration for a reason that can usually be figured out by reading it.

Hopefully, renewing the registration (association or corporation or whatever) with the Sec of State will only be a clerical matter. In my state it can be done online for free.

If your declaration is recorded, then follow the procedures for calling a meeting, electing a board, collecting some money, filing tax returns, etc. If the declaration is not recorded, talk to a lawyer about getting it recorded.