Recently earned the corp/ status was suspended. So another HOA member went to court on some late payments and threats of lien against her by the HOA but the case was dismissed. The other member said the ccrs were a contract and "null and void" and all the rules are meaningless. So does this mean all us other homeowners have to follow the ccrs if this is a contract that is null and void? Do i have to pay me fees etc
Members really shouldn't give legal advice unless they are lawyers.
It is correct that the CC&Rs are essentially contractual.
A suspended corporation can be brought back to compliance fairly easily. While suspended it cannot maintain or defend a lawsuit, but that has nothing to do with the CC&Rs.
Suspension does not mean the CC&Rs are null and void; only that the HOA cannot sue while suspended to enforce them.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
From a practical standpoint, you should continue to adhere to the CC&Rs because if you don't, once the HOA entity is renewed (which it undoubtedly will be), you will be in violation and then be fined, etc., which will be far worse than adhering to the CC&Rs while the entity remains suspended.
Best of luck.
The foregoing discussion does not establish an attorney-client relationship, is qualified by the limited facts presented above, and should not be relied upon as legal advice. To obtain definitive legal advice upon which one can rely necessitates retaining an attorney who is qualified in this particular area of the law
That is very bad advice. Yes, the CC and R's are contractual. However, a suspended corporation just means that the corporation cannot maintain or defend a lawsuit until it is reinstated, which is a very simple process. In the mean time, you do have to follow the rules and pay your dues.
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