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Legally, the association is based upon common ownership of real estate assets. Your state law dictates how these assets must be 'maintained, preserved and protected'.

In a non-functioning association, every owner looses, because the real estate values are not being preserved.

In order to conduct any business that is binding upon owners, your association must be an established and legitimate business in the state. This means with current and valid Articles of Incorporation and a recorded status of your type of corporation with your Secretary of State.

Otherwise, no action is legal.

As an owner, you are best advised to collect with other owners and hire an association-savvy attorney, to help the association regain its footing as a legal business.

If you cannot find your original governing documents, your local county hall of records has a copy, if the association filed them originally. You can pay for copies and take them with you when you meet with your attorney.

Your 'self-proclaimed president' may be attempting to simply resurrect your association because maintenance must be performed. You may all be aiming for the same goal: your differences may be a matter of style.

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Q: My Home owners Association has not met since 1998. We have also not paid dues. Can the self Proclaimed President dictate changes?
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