Sunday, March 15, 2015

HOA does the impossible - dissolves itself




Posted By  CotoBlogzz

Rancho Santa Margarita, CA - As of December 2014, the Discovery Bay Property Owners’ Association (DBPOA) did what often appears to impossible.  It was legally dissolved  -  http://www.thepress.net/news/article_ee51f0b8-136d-11e4-b3ec-0017a43b2370.html?mode=jqm

Perhaps other associations can use the DBPOA process to get rid of misguided directors.  This is a major undertaking, as it requires a big time investment:  1. challenge non-sensical moves such as the CZ Master Association's Public Safety Creeping Elegance,  and 2. Become well-versed in 
Corporation Code, Civil Codes and governing documents.

The major obstacle for those wishing to dissolve an association is to replace their current board with like-minded individuals, something DBPOA was able to do.  Once the power-grabbing directors were out, the new board voted to dissolve and hired an attorney  to file the dissolution documentation with the California Secretary of State and the California Attorney General’s Office. 

For associations, such as the CZ Master association, still using the arcane cumulative voting process in lieu of direct elections getting rid of current directors is next to impossible - the current board has been in power for more than a decade.  The only viable option in that case is litigation.



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