150. My HOA is exhausted – we want to dissolve the whole thing – but how exactly can we do that?

The short answer, in West Virginia, is to follow state law:
§36B-2-118. Termination of common interest community.

Just because your HOA is exhausted – they will be horrifically exhausted, in our opinion, to follow through. Consider: all owners “own & maintain the common area” that may include:

  • road(s)
  • pool(s)
  • sewer/water reclamation facility
  • power station facility
  • water tower facility
  • storm water management area(s)
  • forest conservation agreements
  • clubhouse w/without solar
  • tennis court(s)
  • river access w/without tourists
  • cluster mailboxes/building(s)
  • entrance monuments and flag & flag pole(s)
  • easements
  • culverts
  • bridges
  • trails & paths
  • contracts & promissory notes
  • existing & delinquent funds from required annual assessments
  • existing special assessment(s), loan(s)
  • bank account(s), CD(s), etc.
  • insurance policies & protection
  • individual deeds & titles to amend/refile/record
  • covenants that run with the land, the list can go on and on …

TIP:  be absolutely sure you have retained savvy HOA legal counsel before making such a dramatic decision, it most definitely is a legal formality for dissolution. Termination is not just stopping the business of the corporation, your HOA, by avoiding the restrictions that you agreed to follow at the onset.