If an HOA had been inactive for a period of years, are the HOA documents still binding?

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If an HOA had been inactive for a period of years, are the HOA documents still binding?

Our HOA has been inactive for many years and still is. Is there a statute that allows after so many years that if an HOA is inactive, the HOA documents become null and void? Our goal is to rent the units we bought. How do we do this?

Asked on July 8, 2015 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, there is no statute of limitations on HOA documents: they remain in effect until specifically changed or repealed. As to how they can be changed, typically, they can be amended, revised, etc. by a majority vote of the HOA, subject to any terms or restrictions in the HOA documents and any other controlling documents (like a master lease). You probably need to get the HOA functioning again to make changes, but are advised to consult in detail with an attorney experienced in condo/co-op law, because this can be a highly technical area.


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