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| Author |
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KeithB1
(California)
Posts:2
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| 02/04/2008 9:55 AM |
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I just purchased a condo here in San Diego. I was just informed there is no board members at all. If there are no board members who will run the HOA? Also, since ther are no board members who can inforce the HOA rules?
Second question, how can I become a board member and also recruit 2 other board members if there are currently none? it is a 19 unit condo developement and 4 units are empty. I am positive I can recruit 2 others to be on the board of directors, though I'm not sure if the willingness of wanting to be on the board is enough. Who will set up the meeting for voting members into the board if there is no board member to set up the meeting?
Can anyone shed some light on these issues?
Thanks
Keith |
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DonnaS
(Tennessee)
Posts:2951
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| 02/04/2008 10:07 AM |
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Keith,
The answer is simple. Implimenting it is another thing.
The first answer is in your Articles of Inc and your ByLaws. Your association is probably registered under California Not For Profit Corps. Look on the web site to check. But read any documentation that your association has.
Then you have Sterling/Davis Act which gives an association all of the State rules and statutes on operation of a HOA. Once you check there, then get yourself a committee together. Follow the rules on elections and get it set up.
In Florida, if an association fails to have a Board or governing membership, the State can come in and appoint a guardian who will oversee the operations and the bill is not something anyone would be happy to pay. (Judges, Lawers, Accountants, Banks, and the guardian, etc) |
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RaymondC
(Minnesota)
Posts:64
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| 02/05/2008 11:27 AM |
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| This should have been disclosed prior to purchase, and I have to wonder why you would buy into such a dicey situation. Good luck! |
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PaulM
(Pennsylvania)
Posts:1347
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| 02/06/2008 6:21 AM |
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KeithB1: Go in person to your local municipality office where they will have the official papers the developer filed with them. You will then learn if indeed the development was filed as an Association. If you are an association, you should have received CC&R official documents at purchase or prior.
Where is the developer at this point? Who are you paying assessment fees/dues to, or are you paying any? Are you receiving or have you recd any meeting minutes or financial info?
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JoeK1
(Michigan)
Posts:33
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| 02/06/2008 8:35 AM |
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Keith, you are going to need all the help you can get. Not ony with your immediate question, but once that is resolved, what to do next. I would recommned that you go to the website www.condopresident.com and look under the Contents section. It will give you a roadmap of all the things you should do to properly initialize your Association during the critical first year.
Good Luck
JoeK |
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LindaM5
(Texas)
Posts:22
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| 02/07/2008 6:09 PM |
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Keith,
I personally just went thru the identical situation with my condo in Texas. Except it had been a "one man show" board for 12 years (he personally owned several of the units) and we did not have a fully functioning 5 member board. I acquired HOA documents, read up; got on my county register of deeds website and got addresses of other offsite owners; met/recruited onsite neighbors; and presented 17 proxies with 12 people in tow to his office and we had a "mutiny". Booted him out and took over. It's been a struggle, (LOTS OF HARD WORK - DON'T GET ME WRONG!) - the budget was nothing but red ink - but we are making and taking strides with sleeves rolled up. It can be done...and I'll be proud if you do it too! |
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