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LisaK3
(Wisconsin)

Posts:3

06/28/2008 9:45 PM
I am new to hoa's We are having problems with board members fighting, spending money we do not know about. No one shows up to the meeting because of the fighting. Our covent is not very informative, I need to know what the rule and regulations really are before I step up and say any thing. Could anyone tell me where I can find all the information I will need. If someone out there would be willing to chat with me about our problems I could go into more details. thanks Lisa form Waterford

BrianB
(California)

Posts:1742

06/28/2008 9:48 PM
all the rules and regulations for your association are in your CC&R's, and the rules on HOW to run your association are in your By-laws. reading those two documents will tell you as much as you can know about your own HOA. then, you need to google HOA laws for Wisconsin, and read up on anything that the state may have enacted that applies. After that, you should be a much better prepared owner, and able to tackle the situation.

RobertR1
(South Carolina)

Posts:2153

06/29/2008 12:25 AM
This is good advice from Brian, I echo this is not an easy task you undertake, and strongly suggest you don't do it alone, get some support. Another comment to start the wheels working is the comment about owners don't come to meetings because of fighting. There is a much deeper process going on and it is worth the while to really understand why they fight and I am sure you will discover the real reason that is closer to the truth is; no one from your pack of Merry men/ladies from your Sherwood foerst, has stepped up to herd the owners in the right direction. More progress will be made by not holding out a banner that reads, "No one will come to meetings because they fight there", with assurance I can tell you that is not the reason. Robin Hood may have been the first president of the first HOA, in retrospect.

MaryA1
(Arizona)

Posts:2248

06/29/2008 3:08 AM
Lisa, As Brian says, everything you need to know should be in your CCRs and bylaws. Also, if the board has adopted additional rules you will want to obtain a copy of them. After you've read through these documents, I'm sure you will have many, many questions. (Don't feel bad, we were all in the same boat at some point!) Please feel free to come back with your questions. You'll find many helpful people on this forum who will be most happy to assist you. We don't offer legal advice, but we sure have opinions -- good, bad or indifferent. Actually, mostly good! :-) Welcome!

KirkW1
(Texas)

Posts:1145

06/29/2008 9:34 PM
Sounds like it may be time for your neighborhood to take back the HOA. If the board is constantly fighting then some of the members need to go. I would start with all of them.

RobertR1
(South Carolina)

Posts:2153

06/29/2008 11:39 PM
Kirk, Now jail the whole gang and string them up at the next town meeting may sound like a good idea, but it stands little chance of being the best thing to do. Always, always, try very hard to salvage at least one Board member/manager/secretary/MC or at the very least, have some past BOD's that knew what they were doing at the time, and know how the organization is run. If it is bad, bad, bad, then ask the courts to appoint a Receiver to control all the details. Stay as far away from all of this as you can, cut your loses, act responsible and save the association to live and fight another day with new direction. At the risk of getting shot myself, I venture to say that not much good comes out of the association that is not started by fussing and fighting. An extreme example is the state of Texas. Of course change is easy to advocate and hard to do and I would alert anyone that desires (And if may be necessary) to change out the BOD do so with a complete understanding that you need to make a committment, a long one. All the above says I suppose is: Don't try it yourself and the more support you have the better the results and the easier and shorter the task.

LindaM5
(Texas)

Posts:22

06/30/2008 7:46 AM
Lisa, If I (woman to woman) also a new owner to an HOA environment, can provide encouragement and proof in the pudding for wanting change... here is my story. When I bought my condo 4 years ago (24 total units - only 4 resident owners), a BOD was no where to be found, nor was anyone available to discuss HOA liable maintenance with me. Frustrated after 5 months...I read our By Laws and CCR's (cover to cover)...then I went on my county deed appraisal website and found each offsite owners name and address. I contacted and introduced myself to each of them, and they acknowledged similar "frustrations" regarding our BOD(?) and HOA. I orchestrated a "mutiny" - and with 17 proxies in my hand (and 8 other owners at my side) attended a special meeting (announced for an assessment approval) -where the one man BOD presided. Yes, only 1 person on our Board (ran/controlled solo for 15 years), when documents say we should have 5. He wasn't too happy with me when I presented my proposal for a full BOD with supporting proxies....but we booted him and took over anyway. The 5 of us took the HOA reins with $200 in the bank and $6,000 in debt. 1st act of business...we found a good Property Manager, then fired all existing contracted services (lawn, pool, waste, etc) and/or negotiated all new contracts at reduced rates. We established a budget (with focus on high priority maintenance items). We raised the monthly dues accordingly. We re-established/announced rules with enforcement intent and a fining system. Don't get me wrong (was not and is still not easy)...I'm retired...but I spend a ton of voluntary time to be on this BOD. But pleased to report - just 3 short years later...our property is primped, planted and painted (we look gorgeous!). We have a total of 7 resident owners now - up 75%! We also have all bills paid with $5,000 sitting in the bank. (Doesn't sound like much...but it's like having a million $$ to us!) The owners all interact/communicate and we're a bunch of happy campers! Some fairy tales do come true....but it starts with reading, then understanding...then taking a deep breath with courage, acquiring comrades, rolling up your sleeves and just DOING IT!! Good luck to you too!!!

RobertR1
(South Carolina)

Posts:2153

06/30/2008 9:45 AM
Lisa, Could not have been said better, done better or received better results. Having some idea of what it takes to do this, I can only stand back in admiration. Although you may have been the ignitor, you surely had support and those folks ar also deserving of praise. A nice story that don't appear enough.

AnnaD2
(Florida)

Posts:336

06/30/2008 3:46 PM
Linda you deserve a pat on the back and a standing ovation!!!! Take pride in what you've done. I salute you!!!

SusanW1
(Michigan)

Posts:2178

07/02/2008 12:18 PM
Lisa - the Board DOES have power to spend money - when it implements the directive of an approved budget. Who is the "we" that wants to know about the money spent. As for the fighting: the president needs to get the meeting under control. Fighting is not productive activity during a meeting. Ask to see the minutes of the meetings to see just what is being done, besides the "fighting" - which may be just spirited debate.

MicheleD
(Kentucky)

Posts:1707

07/02/2008 9:30 PM
Linda, that's an awesome story and exactly the right way to do it. But I have to caution Kirk below: Posted By KirkW1 on 06/29/2008 9:34 PM Sounds like it may be time for your neighborhood to take back the HOA. If the board is constantly fighting then some of the members need to go. I would start with all of them. Beauty is in the eye of the beholder - - and fighting is too. What I mean is, Lisa's board may well be dysfunctional or it may have a single member who is trying to be obstructionist (no, really, it DOES happen! :-) ), or it may just have good board members who are hitting some disagreement over some things, in a speed bump sort of way. But if Lisa is new and hasn't done her homework yet on her governing docs, or the history of her board and HOA, she may not completely understand the conflicts that may or may not be going on. As someone else said, simply "spending money" without telling people is not necessarily something to get concerned about. Some governing documents allow boards to spend money without community-wide approval or even notification, up to certain amounts. If it's $500 dollars being spent, probably not a big deal, but if it's $5,000, then it probably could be. Also, the fighting on the board could well be a group of homeowners that are ALREADY trying to "take back" the board. Like blue text on the floating triangle in the the old fortune-telling eight ball says: Too soon to tell. Not enough information at this time.

LisaK3
(Wisconsin)

Posts:3

07/07/2008 12:30 PM
yes, it has been thousands (trees, a walking path that is so full of weed this summer, and ankle braking rocks. A swing set for 6 filled with pea gravel.) WE had a green space committee, they did a nice job pricing for the play area, but got shot down with a simple no not good enough. I still need to know where are my By-Laws how do I get them Please help Lisa

RobertR1
(South Carolina)

Posts:2153

07/07/2008 12:48 PM
Lisa, Your By-laws are part and padcel to your CC&R's. If you don't have them request you be given a copy. Ask your Board, your manager, your secxretary, your MC, a past president, etc., etc. I am at a lose as to how you could have done all you said to get your association straightened out and don't have a copy of B-laws. That document, among others have to be registered at the time the Regime was established and shoulod be filed at the Court House along with your Maste Deed and Declaration. I suppose it maybe didn't get filed, there was none filed and overlooked at the time and the state may not require one.......all kinds of stuff I can't answer. Maybe it is filed under something else and not By-laws. But, normally the By-laws dictate how the organization is governed (roughly) and the Master Deed establishes and declares there is such an animal as your Regime and it has been established under State Law of some kind. Both make up the whole.

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