18-3105. Dissolved homeowners association; reinstatement; procedure; fee; Secretary of State; duties; effect of reinstatement.
451 words·~2 min read·
/ne/chapter-18/18-3105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Notwithstanding any provision to the contrary in the Nebraska Nonprofit Corporation Act or the articles of incorporation or bylaws of a homeowners association, a homeowners association dissolved pursuant to section 21-19,138 may, in addition to any other procedure allowed by law, apply to the Secretary of State for reinstatement in one or more of the following ways:
(a)An application for reinstatement may be brought at any time after dissolution by an officer or director of the dissolved homeowners association pursuant to section 21-19,139 ; or
(b)Three or more members of such homeowners association may, at any time after dissolution, call a special meeting to
(i)remove and elect new directors and
(ii)approve the submission of an application to the Secretary of State for reinstatement. Such members may set the time and place of the meeting. Notice of the meeting shall be given pursuant to section 21-1955 . For purposes of this section only and notwithstanding the declaration, the articles of incorporation, or the bylaws of a dissolved homeowners association, action on matters described in this subsection shall be approved by the affirmative vote of the voters present and voting on the matter. Three members eligible to vote on the matter shall constitute a quorum.
(2)Upon action being taken to apply for reinstatement as set forth in subdivision (1)(a) or
(b)of this section, the process for reinstatement set forth in section 21-19,139 shall apply, except that the reinstatement fee for a homeowners association dissolved more than five years shall be one hundred dollars. Nothing in this subsection shall be construed to abolish, modify, or otherwise change any restrictive covenant or other benefit or obligation of membership in a homeowners association.
(3)The application for reinstatement must:
(a)Recite the name of the homeowners association and the effective date of its administrative dissolution;
(b)State that the ground or grounds for dissolution either did not exist or have been eliminated; and
(c)State that the homeowners association's name satisfies the requirements of section 21-1931 .
(4)If the Secretary of State determines that the application contains the information required by subdivisions (1)(a) and
(b)of this section and that the information is correct, the Secretary of State shall cancel the certificate of dissolution and prepare a certificate of reinstatement reciting that determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the homeowners association under section 21-1937 .
(5)When reinstatement is effective, the reinstatement shall relate back to and take effect as of the effective date of the administrative dissolution, and the homeowners association shall resume carrying on its activities as if the administrative dissolution had never occurred.