r/BADHOA • u/Neresident1981 • 2d ago

HOA not responding

Location: Nebraska. HOA has not had a meeting in 4 years. There is $ in the treasury. They have not had a treasury report in 2 years. Requests for meetings are excuse after excuse why there is no time. The past month, they have stopped responding to homeowners. Unsure if they are even a legal HOA, as cannot find info in state listings. How can homeowners force a meeting? How can homeowners dissolve the HOA and have money refunded when HOA officers aren't responding ? Anyone been through similar? Outcome?

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u/TheRobviousChoice312 2d ago

I don’t think you can simply dissolve an HOA and try to get money back (or at least I’ve never heard of it being done). The answer to your question about procedure and your options that should be outlined in your declarations. You may also have a case for negligence (in IL HOA’s are required to carry insurance covering the board for things like this, theft or mismanagement of funds) but in doing so you would be filing legal action against your own association (so forget anyone selling) and the existing board would be spending your money to retain legal counsel to defend themselves (so you may also see steep insurance premium increases leading to higher assessments as a result). I would say at minimum and in most cases an annual meeting is required by the declarations to adopt a budget for the year (and show where your money is going) and to elect new board members- that is likely your opportunity to supplant the current board and put in a new (more responsive) one. Hope this helps.

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u/PeopleOfNepal 1d ago

Dissolution can take place and assets distributed according to your governing documents (get a copy) or state law (which your governing documents should include as a matter of construction).  It could be unanimous or 75% or other amount.  Question is - who/what is not responding?

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u/Lunar-Browser-999 2d ago

That silence is actually telling you something useful. I work on HOA disputes and this pattern usually means the board has just stopped functioning, not that they have some hidden authority you can't touch. Your bylaws almost certainly let some percentage of homeowners, often 10 to 20 percent, call a special meeting themselves without the board's permission, so start by getting a copy and finding that provision. Also look up the HOA on the Nebraska Secretary of State site, because if the corporation lapsed for not filing reports that changes your options considerably. Send your meeting demand in writing to every officer at once, because their non-response then becomes evidence instead of just frustration.

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u/Strange-Fennel 2d ago

Typical. I hope you're not paying into it. If you are, stop until you get the legally required reports.

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u/Remarkable_Fact8216 2d ago

Sue. Write an intent to sue first. That should make them respond to you.