|
| Thursday, November 20, 2008
|
|
|
|
|
|
|
|
|
|
|
| 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. |
|
| Reserve Fund Resources (National Reserve Planning Tools) |
| If you’re a BOD Member, Planner, or PM you’ll want our offerings. Many are FREE. Plus, there’s our “Essentials” book, and software to keep your funds healthy. Learn More… |
|
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
KadieW
(Utah)
Posts:1
 |
| 06/09/2008 12:31 PM |
|
| I live in southern Utah. We have about 50 units in our HOA. Our president has no meeting nor does he care about what goes on here. He said he own's the most units so he rules. What are our options as far as getting him out or getting him to enforce what he files as CCR's? Kadie |
|
|
|
|
MaryA1
(Arizona)
Posts:2156
|
| 06/09/2008 12:42 PM |
|
Posted By KadieW on 06/09/2008 12:31 PM
I live in southern Utah. We have about 50 units in our HOA. Our president has no meeting nor does he care about what goes on here. He said he own's the most units so he rules. What are our options as far as getting him out or getting him to enforce what he files as CCR's? Kadie
Kadie,
The pres. only has more clout when the members vote, then he most likely is able to cast a vote for each property he owns. However, as a board member, he only gets one vote. How many members are on the board? Why do they let him do as he pleases. Apparently they don't realize he is not the boss, he doesn't have any more authority as a board member than they do. Until they realize this and take some action to curtail his arrogance, nothing will change. If you are a board member, I urge you to speak to the other board members to make some changes. The first change would be to remove him as President, unless, of course the officers are elected by the members. If you are not a board member, perhaps you can still speak to the other board members (are you friendly with them?) and clue them in. If your assn. is to run smoothly and effectively, you need to have strong leadership that is willing to enforce the CCRs, handle delinquencies and make certain the maint. of the common areas is taken care of. |
|
|
|
|
GloriaM
(North Carolina)
Posts:778
|
| 06/09/2008 1:00 PM |
|
Kadie:
Your governing documents should state in the beginning that the board has a duty to ensure the safety and property values. I would encourage them to follow your governing documents because they are enforceable in a court of law. |
|
Dr. Gloria J. Martinez, CFO
Official HOATalk.com Sponsor
Author of "A Guide to Community Living"
Faith Management Services, LLC (North Carolina)
(704) 799-3791
www.FaithManagementServices.com
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
|
|
KirkW1
(Texas)
Posts:1110
|
| 06/11/2008 7:28 PM |
|
Kadie,
There is good an bad news here. The good news is that you can force the president to do his job regardless of how many lots he owns. (Is he the declarant by the way?) The bad news is that it will cost a lot of money to force him to do his job. You may wish to cut your losses and find another house. |
|
|
|
|
EllenS1
(Florida)
Posts:350
|
| 06/12/2008 2:01 PM |
|
| As president he has only one vote at board meetings. How many people are on your board? They can call a meeting but before they do examine your docs. There should be a procedure to get him off the board and appoint a new president. |
|
|
|
|
StevenW3
(Oklahoma)
Posts:64
|
| 06/15/2008 3:54 PM |
|
While not exactly in your particular position with the President owning a number of units, I am in an HOA where the covenents/restrictions are essentially ignored or very very selectively enforced. Now that I'm on the board, I trying to get things enforced one way or the other. I've taken to using the local city/state ordinances where violations can be enforced. So far it is working and the board/President cannot do a thing about it cause the city is taking the action.
As mentioned get the other board members on your side and get them to act. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
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.)
|
|
|
|
|
|
|
|