JanaC (Tennessee)
Posts: 31
Posts: 31
Posted:
The developer turned over his legal rights to the HomeOwners On Oct. 13,2004,
What he thought he did was.....thought he was turning it over to himself calling it the HOA, being NON profit Org for tax purpuses. Turning over all powers and property. He filed all the necessary papers, but forgot to get the Owners to agree to do so. He needed 2/3 of the entire membership according to the Declarations that were filed back in 1995 also required for Tennessee law.
Seems you can't make people take control of common property without a majority vote of 2/3 membership.
The only RESERVED POWERS he has per the declarations is he can change anything, do anything he likes to the Declarations,Articles of Inc. and bylaws... as he wish, but he can not however FORCE those powers and responsiblities onto the homeowners, especailly a common property without 3/4 of the membership agreeing to do so. Which I know he didn't!
Ok, so to top this off...we have a HOA I feel that is illegal. Like I said he turned it over to the "ASSOCIATION"-being everyone who ownes a home in our neighborhood(It's very SPELLED OUT)and filed witht the state!, with the Declaration giving RESERVED Powers to member. No other Powers are mentioned in the Declaration. So you have to go to the Articles of Inc. to get the break down of the Powers...still giving each owner 1 vote.... and Board of Directors Powers are limited....and are not to supersede the Association RESERVED Power, being the the Declaration Rules and Governs over all, giving each homeowner 1 vote!...Right?
So do I need to file with the Attorney General office for dissolution of the HOA or get an attorney.
Last year 6 home owners went to the developer and ask him to turn over his rights, he did so and filed with the state without notice to anyone of the other homeowners.
They raised our dues 2 wks later, no one asked questions but me! So here I am 1 yr 3 months into this and I'm starting to realize "WHY the Change of the Dues Were NOT MAILED" Because falsely billing someone throught the United States Postal is FEDERAL CRIME!
I do want to say in closing that I came to this place to learn a week ago. I got so much insite here, and great responses! I followed everyone adviced here and READ, READ, and READ my Declarations, researching every word I didn't clearly understand. All I wanted to know is why I couldn't vote for a Board Member, and Boy did I uncover more then I wanted to! Monday is when I get to meet my attorney!
I was scared for over a year to get one, afraid since I pay for the Board of Directors Insurance coverage. But Now I"m wondering if that will even apply to them, being they were not voted in by 2/3 of the members/ homeowners, which is 40 houses!
Do everything these guys tell you, but most importantly RESEARCH, RESEARCH, RESEARCH< you might not live in a HOA after all!
JanaC!
What he thought he did was.....thought he was turning it over to himself calling it the HOA, being NON profit Org for tax purpuses. Turning over all powers and property. He filed all the necessary papers, but forgot to get the Owners to agree to do so. He needed 2/3 of the entire membership according to the Declarations that were filed back in 1995 also required for Tennessee law.
Seems you can't make people take control of common property without a majority vote of 2/3 membership.
The only RESERVED POWERS he has per the declarations is he can change anything, do anything he likes to the Declarations,Articles of Inc. and bylaws... as he wish, but he can not however FORCE those powers and responsiblities onto the homeowners, especailly a common property without 3/4 of the membership agreeing to do so. Which I know he didn't!
Ok, so to top this off...we have a HOA I feel that is illegal. Like I said he turned it over to the "ASSOCIATION"-being everyone who ownes a home in our neighborhood(It's very SPELLED OUT)and filed witht the state!, with the Declaration giving RESERVED Powers to member. No other Powers are mentioned in the Declaration. So you have to go to the Articles of Inc. to get the break down of the Powers...still giving each owner 1 vote.... and Board of Directors Powers are limited....and are not to supersede the Association RESERVED Power, being the the Declaration Rules and Governs over all, giving each homeowner 1 vote!...Right?
So do I need to file with the Attorney General office for dissolution of the HOA or get an attorney.
Last year 6 home owners went to the developer and ask him to turn over his rights, he did so and filed with the state without notice to anyone of the other homeowners.
They raised our dues 2 wks later, no one asked questions but me! So here I am 1 yr 3 months into this and I'm starting to realize "WHY the Change of the Dues Were NOT MAILED" Because falsely billing someone throught the United States Postal is FEDERAL CRIME!
I do want to say in closing that I came to this place to learn a week ago. I got so much insite here, and great responses! I followed everyone adviced here and READ, READ, and READ my Declarations, researching every word I didn't clearly understand. All I wanted to know is why I couldn't vote for a Board Member, and Boy did I uncover more then I wanted to! Monday is when I get to meet my attorney!
I was scared for over a year to get one, afraid since I pay for the Board of Directors Insurance coverage. But Now I"m wondering if that will even apply to them, being they were not voted in by 2/3 of the members/ homeowners, which is 40 houses!
Do everything these guys tell you, but most importantly RESEARCH, RESEARCH, RESEARCH< you might not live in a HOA after all!
JanaC!