Board out of compliance > HOA Forum

Home

HOA Discussions

HOATalk.com Preview

Service Directory

Member Login

Help

Tuesday, January 06, 2009

Our Sponsors:
(Advertising Information:
HOATalk is viewed over 100,000 times/month!)

Banking Solutions for Community Associations (NCB) (National Bank)

Finance repair projects or deposit reserve accounts with NCB, an industry leader with over 25 years experience. Learn More…

HOA Websites by Community123.com (National Community Website Provider)

We built HOATalk and we'll build your community website for free! Click here for information on a free trial website.

IHG Insurance (National Insurance Provider)

Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability.

Community Associations Network (National HOA Reference Library)

News, articles and blogs about condos/HOA's

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Board out of compliance

Prev Next

You are not authorized to post a reply.

Author

Messages

SharonD
(California)

Posts:39

02/18/2006 1:55 PM
Effective december the couple who have been controlling our board; president and secretary resigned after 8 years of running our board. The following month the treasurer resigned. Bottom line: Our board which was to have elected the new president, secretary treasure and vice president two months ago: still remains without anyone filling any of the positions. Our treasurer who resigned is still handling the monies. At the most recent meeting, the president (who retired but then had herself voted back on as "director at large" as did her partner) is still running our meetings without providing agendas. When I inquired where was the agenda I was told we don't have a president yet this woman was running the meeting with her own agenda! As I understand it is one vote per property for association voting, I asked this couple what properties they owned as they both are voting on the board....I was told it was NONE OF MY BUSINESS. I am confused. This board has never enforced the CC&R's against everyone but have done so randomly against people they target. Our Board does not follow the proper protocol. When I have objected I have been told I am an antagonist! But worse, our board is not in compliance: we were to have elected officers 60 days prior to our annual meeting..... The re-elected board of directors do not want to take on the positions of president etc. I said I would take (she adamently dislikes me) stating I was not "professional enough," to serve as president. As one unit director stated however she has no say: it is between the directors. BUT no one wants to do anything. This resigned president has everyone believing everything she says and when I have asked questions, or voiced concerns over how things are run: I have been shut down and given vague answers or told it is "privedged information." The best description of what I experience in these meetings would be if a republican went to a senate filled with democrats to try and get a bill passed. (Or vice versa)..... Yes I can resign. That is what they would like. My neighbors voted me on as they knew I would fight for their rights but these women have eevryone bamboozled. They still control the board but are not acting directors and no one is objecting but me! My question is what if anything can I do about a non-compliant board board?

TerryL
(California)

Posts:23

02/25/2006 8:59 PM
Sharon, you need to learn what the laws are in your state. If you have apathy in the community about what is going on, you need to organize the neighborhood. Get as many people as you can at the meetings. There is safety in numbers, and non-compliant boards do it only as long as the members of the corporation allow it.

WardellD
(Washington)

Posts:64

02/26/2006 2:53 AM
If you care about your community and there are others that feel the way you do then you should read your by-laws get a petition going to elect new board members call a special meeting to elect new board members. If there is money in the account then I would also add on the petition that you also want to hire a management company to help get the association started. You can start off with a one year contract and if you don’t like them at lease they got you started and on the right track. If you are elected on the board you may have to be there for two years but look at it this way you got your community back. Good luck.

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Board out of compliance

General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)