PA12DRVR wrote:
We need the OP to fill in some blanks." That would help but probably wouldn't get to a definitive answer.
Interestingly, a quick survey of the last 3 pages reveals at least 10 different jx, not counting the OP's jurisdiction. In many jx, CCR's actually run with the land (are appurtenant) and therefore do not need an active HOA for the CCR's to be an enforceable by anyone governed by the same CCR's. Although much of property law tends to be consistent across a good part of the U.S.A., most jx have extensive statutory and administrative law that governs property and interest communities...so applying experience from other jx won't necessarily provide insight into the OP's situation.
Thanks for providing this clarification to the discussion.
I am basing my comments as a resident of Florida, in which I own property that is under HOA rules.
Florida statutes require an HOA association to register as a corporation under Statute 607 and remain active.
Further, the HOA corporation is bound by Statute 720, Homeowners Associations.
These statutes are what I have based my opinion on.
The OP needs to find legal advise on his current situation. If his state regulations are similiar to mine, then the CC&Rs are not binding.
ryoung
