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Subject: Very Complicated to Answer!
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JanetS
(Arizona)

Posts:14


04/28/2006 9:24 AM  
We have a board, especially our board President that has seriously refused to go by the guidelines of our documents. Our HOA attorney has given the board very bad advice and is now on probation for illegal actions in his law practice. Our president is irrogant and will not listen to a dozen homeowners that our very upset and no one wants to have her removed by holding a special meeting of the homeowners.

A homeowner started a lawsuit against the board and the president still won't abid by the laws of our state and governing documents. The most popular and well regarded management company is not advising her to do the right thing.

What is most interesting is the majoring of the homeowners are supported her in her actions??? The homeowners are aware of what is going on, and still support the board president.

Homeowners cannot sell their property due to the lawsuit and are starting to get upset with the one homeowner in the right that started the lawsuit. Many support him, but did not want to be invoved in the lawsuit, so the homeowners think he must be in the wrong because his name is the only name on the lawsuit.

Furthermore, 3 months ago, we had in our reserve account a large sum of money and the board spent 90% of it on doing piece work and rediculous items. We were saving that money for doing and replacing the wood and reshingling our roofs. The president spent the money on wood, shingling and painting one street of our 8 streets. Now they passed a legal vote and are getting a loan to complete the project.

Also, the board took it upon themselves to install water meters without a vote!....Which started the lawsuit in the first place and to try to stop getting a loan, by the way, the president is asking for $650,000 obsurd loan amount for 10 to 20 years!....

I am very upset over this because we never had a dictatorship and having no voice on very important issues.

To top it all off, she is a new homeowner and immediately got voted on the board since the homeowners were not happy with the last board. The president has filed personal bankruptcy in her married life twice and it is public knowledge and the homeowners where made aware of this and still they support her.

We are very worried that our 32 year old l04 unit complex is headed for bankruptcy as well.

Is the lawsuit worth it?....What is your opinions on this?

Janet
RogerB
(Colorado)

Posts:3694


04/28/2006 10:05 AM  
Janet, what is the basis of the law suit? Why can't owners sell? Did you say what law(s) she is breaking? How many of the homeowners need to approve the $650,000 special assessment loan?

Depending on the answers to those questions and with the majority of the owners approving what she is doing if I lived there I would consider moving.

Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
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Forums > Homeowner Association > HOA Discussions > Very Complicated to Answer!



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