Can A Hoa Which Is Currently A Suspended Corp Do Business?

[Aurik]

My HOA is currently a suspended corporation in Southern California, due to the current president not filing taxes and other documents with the state for 6 years. My understanding, based on Internet research is they can not conduct business ie: collect dues, hire vendors, make assessments. I am concerned because they want to hire a roofer to make some repairs and if any one gets hurt, then based on what I read all the homeowners are liable and the insurance may not cover the claim. Am I incorrect to be concerned?

[ahanu]

Medialink7: <br />
ca19lawyer2: <br />
I clearly do not understand what you've read, but that isn't proper (additionally, your HOA is definitely an "it;" "they" can be used when youare referring to several individual or factor). That the company is stopped doesn't eliminate its capability to perform business.<br />
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Based on the Davis-Stirling Work, Effects of Suspension are: 1. COMPANY - Shed the best to perform organization<br />
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Yes, I understand all this.  Nevertheless, inside your unique article, you asked whether a hanging corporation may perform company, and that I replied (precisely) that being stopped doesn't eliminate an organization's capability to perform business.  Whether an individual or organization has got the capability to make a move is an extremely various issue than whether such individual or organization has got the legitimate to do something.  you will find tons -- and possibly thousands -- of hanging companies doing business in California.  Possibly I really could have thought that you simply meant a question which was diverse from the question you requested, but I do not prefer to Create these assumptions.<br />
Furthermore, that the company lacks the legitimate to perform company does not suggest an entire bunch.  It's the possible lack of capability to prosecute and protect in a civil lawsuit that's the actual sanction below, but that's easily curable.  quite simply, even when an organization is stopped at that time it files case, so long as it remedies the suspension, the courtroom will not ignore the case.<br />
Most of all, none of the material you described implies that appropriate responsibility in a situation for example you explained inside your unique article might somehow magically move to all the homeowners who're people of the HOA.

[CampbeIl]

I believe the purpose of the initial article was to determine if the OP must be worried about responsibility for many theoretical damage slipping on him/her and also the additional homeowners for your single cause that the HOA is just a hanging corporation.  the easy response to that's that, while a number of homeowners may have responsibility to get a specific damage (with respect to the particular details), responsibility for almost any imaginable damage (or maybe more accidents) won't instantly drop about the homeowners since the HOA is just a hanging corporation.

[Achaziah]

ca19lawyer2:<br />
I clearly do not understand what you've read, but that isn't proper (additionally, your HOA is definitely an "it;" "they" can be used when youare referring to several individual or factor).  A company is stopped doesn't eliminate its capability to perform business.<br />
<br />
Based on the Davis-Stirling Work, Effects of Suspension are: 1. COMPANY - Shed the best to perform business.  2. LAWSUIT - Can't start lawsuits or protect itself against lawsuits. Lawyers who participate in lawsuit for an assciation understanding it's been stopped could be approved from the surfaces. (Palm Valley HOA v. Style MTC.);  3. AGREEMENTS - shed the best to impose agreements (any agreement performed with a hanging affiliation is voidable in the need of another occasion. <br />
Additionally, INSURANCE PROTECTION. - the association's insurance provider can't seem, solution or protect the association in lawsuit when the associationis corporate standing hasbeen suspended.

[Waylon]

Would you like the top mounted or would you like an extended discussion?<br />
The company must create their own choices about when the contracting party is actually able and accountable to perform business and also the company best be covered? <br />
I see your level concerning the probable failure of the defunct organization to perform business.but this can be incorrect moment and spot to influx large warning flags?<br />
 

[Finley]

Medialink7:My knowledge, centered on Web study is they are able to not perform business ie: collect fees, employ suppliers, create assessments.<br />
I clearly have no idea what you've read, but that isn't proper (additionally, your HOA is definitely an "it;" "they" can be used when youare referring to several individual or factor).  A company is stopped doesn't eliminate its capability to perform business.<br />
 <br />
Medialink7:I'm worried simply because they wish to employ a roofing to create some repairs of course if anyone gets injured, subsequently centered on what I examine all of the homeowners are responsible<br />
Youare possibly misinterpreting what you've read or youare obtaining info from the poor source.  to begin with, "anybody" is very broad.  Minute, the only real individual or individuals with responsibility will be the individual or individuals who have been irresponsible and whose neglect caused the injury.  There's no cause to consider that the HOA (whether it's a hanging company or not) -- significantly less personal homeowners -- could be responsible (possibly straight or vicariously).<br />
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Medialink7:Am I wrong to become worried?<br />
You most likely do not need to bother about responsibility for injury -- particularly if you're transporting a fairly published homeowneris insurance policy.  nevertheless, in case your HOA is just a company that's been stopped for six decades for non payment of business fees, I believe that is clearly a large issue that you need to occupy using the HOA board users along with other homeowners.  Why are not the taxes being compensated and just why is not the right paperwork being submitted?  WTF are the panel people performing using the cash that you and also the additional homeowners possibly are spending each month?  Six years is just a long time.  Possess The same people been about the panel the entire period?  Clearly, these are rhetorical concerns that you ought to be searching into.