From a title/underwriter aspect, if the HOA no longer exists, the "dead" HOA would be listed as an exception to coverage no matter what.
An HOA is a CORPORATION with rules, regs, by-laws, etc that must be filed with the state.
I guess my question would be - Why did the HOA dissolve in the first place???
In Colorado, once an HOA goes extinct, it cannot simply try to re-create itself. I believe that is the same in most states
First, you have to have a very high percentage of property owners in the defunct subdivision agree to create a NEW Homeowner's Association, IN WRITING. You can't regurgitate the old one. It died. Extinct.
Then you have to go to the County/Town and APPLY to become a valid Homeowner's Association. Obtain the proper government filings, etc etc.
Then you have to notify all the property owners, have a meeting, elect officers, including a treasurer, open HOA Trust bank acct, etc.
"you" meaning whoever is trying to do this, cannot simply re-start an HOA.
I live in a subdivision where the HOA went extinct. So, I know first hand.
And, doubtful homeowners want the added expense for ----- basically the same regs reqiured by your County/Town laws anyway.
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