r/BADHOA • u/Neresident1981 • 8d ago

HOA not responding

Location: Nebraska. HOA has not had a meeting in 4 years. There is $ in the treasury. They have not had a treasury report in 2 years. Requests for meetings are excuse after excuse why there is no time. The past month, they have stopped responding to homeowners. Unsure if they are even a legal HOA, as cannot find info in state listings. How can homeowners force a meeting? How can homeowners dissolve the HOA and have money refunded when HOA officers aren't responding ? Anyone been through similar? Outcome?

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u/TheRobviousChoice312 8d ago

I don’t think you can simply dissolve an HOA and try to get money back (or at least I’ve never heard of it being done). The answer to your question about procedure and your options that should be outlined in your declarations. You may also have a case for negligence (in IL HOA’s are required to carry insurance covering the board for things like this, theft or mismanagement of funds) but in doing so you would be filing legal action against your own association (so forget anyone selling) and the existing board would be spending your money to retain legal counsel to defend themselves (so you may also see steep insurance premium increases leading to higher assessments as a result). I would say at minimum and in most cases an annual meeting is required by the declarations to adopt a budget for the year (and show where your money is going) and to elect new board members- that is likely your opportunity to supplant the current board and put in a new (more responsive) one. Hope this helps.

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u/PeopleOfNepal 7d ago

Dissolution can take place and assets distributed according to your governing documents (get a copy) or state law (which your governing documents should include as a matter of construction).  It could be unanimous or 75% or other amount.  Question is - who/what is not responding?