1. (a) If a homeowners association fails to fill vacancies on the governing body sufficient to constitute a quorum in accordance with the bylaws, three or more owners of lots may petition the circuit court for the county where the homeowners association is located to appoint a receiver to manage the affairs of the homeowners association.

2. (b)

   1. (1) At least 30 days before petitioning the circuit court, the lot owners acting under the authority granted by subsection (a) of this section shall mail to the governing body a notice describing the petition and the proposed action.
   2. (2) The lot owners shall mail a copy of the notice to the owner of each lot in the development.
3. (c) If the governing body fails to fill vacancies sufficient to constitute a quorum within the notice period, the lot owners may proceed with the petition.
4. (d) A receiver appointed by a court under this section may not reside in or own a lot in the development governed by the homeowners association.

5. (e)

   1. (1) A receiver appointed under this section shall have all powers and duties of a duly constituted governing body.
   2. (2) The receiver shall serve until the homeowners association fills vacancies on the governing body sufficient to constitute a quorum.
6. (f) The salary of the receiver, court costs, and reasonable attorney's fees are expenses of the homeowners association.

Added by Acts 2007, c. 321, § 1, eff. Oct. 1, 2007. Amended by Acts 2026, c. 153, § 1, eff. April 14, 2026.