48. My HOA was dissolved in 2008 by the West Virginia Secretary of State for failure to file annual reports and pay annual fees. For the last 5 years I get demand letters for money from the so called HOA but no name or signature. Now I get a letter that states “we will put a lien on your property if you don’t pay”. Why should this HOA have any right to demand anything if it was dissolved?

You have two very different requirements embedded in your question;
(1.) WV Secretary of State
(2.) HOA Annual Assessment

Both points are required. The WV Secretary of State is required because HOAs are a business corporation . All WV HOAs must file every year no later than 5PM on the last day of June. When that filing does not happen the WV Secretary of State revokes the business corporation but NOT the HOA’s governing documents’ restrictions that run with the land that you must respect.

Your governing documents outline the annual assessment in order to maintain the common areas; the amenities that you enjoy while increasing property values. That assessment is required. That assessment is a contract you agreed to when you purchased your home/lot.

TIP: after the annual budget has been ratified by the members, typically an HOA invoice should contain the following basics:

  • the name and address of the HOA
  • the name and contact information of the treasurer
    (or other official generating the invoice)
  • the fiscal year total amount for the annual assessment
    (general operating and capital expense reserve accounts totals)
  • the date the assessment is due
  • the location where the annual assessment payment is to be made
  • the policy statement and/or cited reference for delinquency after the annual assessment due date

TIP: WV Code §36B-3-116. Lien for assessments.
(d) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are instituted within three years after the full amount of the assessments becomes due.