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HOA - “not in good standing” with state Help

Posted on 9/23/19 at 7:54 pm
Posted by SaintNation
West Monroe
Member since Dec 2008
2008 posts
Posted on 9/23/19 at 7:54 pm
The HOA where I live all of a sudden started getting strict on enforcing minor violations.

I looked up on the Louisiana SOS and they are active but have not filed since 2016 and “are not in good standing for failure to report”

Any attorneys can give an answer on if this if they are able to enforce anything now?
This post was edited on 9/23/19 at 7:56 pm
Posted by tigeralum06
Member since Oct 2007
2924 posts
Posted on 9/23/19 at 7:56 pm to
That doesn't mean a thing. They can get reinstated in a day by paying a fee.
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38535 posts
Posted on 9/23/19 at 7:56 pm to
They’re definitely still able to levy shite on you.

Stop being trashy.
Posted by FCP
Delta State Univ. - Fightin' Okra
Member since Sep 2010
5215 posts
Posted on 9/23/19 at 7:57 pm to
quote:

Any attorneys can give an answer on if this if they are able to enforce anything now?


Yes. Active not filed is just a formality. I mean it'll eventually get their charter revoked by the S.O.S., but it takes 5+ years in my experience (albeit dealing with LLCs not HOAs).
Posted by SaintNation
West Monroe
Member since Dec 2008
2008 posts
Posted on 9/23/19 at 7:58 pm to
I realize that but wasn’t sure if they lose their privileges of enforcement with it.
Posted by Antonio Moss
The South
Member since Mar 2006
49577 posts
Posted on 9/23/19 at 7:59 pm to
Yes.

They simply haven’t filed an annual report (which is basically checking off irrelevant boxes every year.) Its an easy money-maker for the state.

Now, if they don’t file for three years, their business filing can be revoked by the Secretary of State.

This post was edited on 9/23/19 at 8:00 pm
Posted by SaintNation
West Monroe
Member since Dec 2008
2008 posts
Posted on 9/23/19 at 7:59 pm to
Thank you all for the info.
Posted by DevilDagNS
Member since Dec 2017
3017 posts
Posted on 9/23/19 at 8:09 pm to
quote:

That doesn't mean a thing. They can get reinstated in a day by paying a fee.


Posted by Who_Dat_Tiger
Member since Nov 2015
26118 posts
Posted on 9/23/19 at 8:10 pm to
quote:

That doesn't mean a thing. They can get reinstated in a day by paying a fee.


Yep

Posted by Cosmo
glassman's guest house
Member since Oct 2003
132620 posts
Posted on 9/23/19 at 8:11 pm to
I forget to refile my LLC every year, end up doing it in February. Doesnt matter
Posted by DevilDagNS
Member since Dec 2017
3017 posts
Posted on 9/23/19 at 8:13 pm to
Your relationship with your HOA is contractual. Has nothing to do with the SOS. As long as they continue to operate per the statute, i.e. collect dues, hold meetings, adhere to and enforce the covenants, they own you. Now move that Camaro carcass out of your driveway and pull your garbage can behind the fence trashy.
Posted by yellowfin
Coastal Bar
Member since May 2006
99037 posts
Posted on 9/23/19 at 8:13 pm to
quote:


I realize that but wasn’t sure if they lose their privileges of enforcement with it.


Good try but no
Posted by GreatLakesTiger24
Member since May 2012
61541 posts
Posted on 9/23/19 at 8:14 pm to
What kind of trashy shite do you want to do that your HOA wouldn’t allow?
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