Can common ground be use for vote

Started by LarryD10 • 13 replies • 1390 views

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LarryD10 (Texas)
Posts: 26

Posted:

Can a BOD use common ground to cast a vote to get things pass there way,
Our BOD say they can, when covenants and bylaws said property owners get 1 vote

JohnM48 (Pennsylvania)
Posts: 89

Posted:

Quote:

Posted By LarryD10 on 11/16/2011 12:09 PM
covenants and bylaws said property owners get 1 vote

That pretty much says it all, Larry. The BoD is not the owner of the common area, and is not entitled to cast a vote thereon.

Association President

LarryD10 (Texas)
Posts: 26

Posted:

Thanks John

SusanW1 (Michigan)
Posts: 5,202

Posted:

Larry, make sure that you are talking about a motion where the HOA Members have the vote.

The board can pass motions, WHEN the bylaws say they can pass them. Each board member gets a vote.

Are you saying that the entire board wanted to submit one collective vote because they claimed that they represented the 'common area'?

Of course, that is wrong, as pointed out before.

LarryD10 (Texas)
Posts: 26

Posted:

Susan yes they use the common ground like the park, storage area and atv trail,well lot to cast 4 votes to amend the covenants,some member didn't get told
about it till after they pass the new covernants.

PeterD3 (Florida)
Posts: 708

Posted:

Funny.

Only MEMBERS have 'votes', not inanimate objects.

BUT... If such [local] law exists granting use of common area(s) for quorum/voting tabulation, I would imagine there would be some required documentation stating the exact numbers of 'votes' in-play.

This maybe an 'avenue' to pursue for validation of this claim.

BrianB (California)
Posts: 2,820

Posted:

Your board is pulling a fast one.

and likely, and illegal fast one.

they should be outed in a public square and forced to wear MORON signs, for ever trying such a thing, let alone admitting to it.

TimB4 (Tennessee)
Posts: 21,046

Posted:

Larry,

I'm not real sure what you are asking. Can you post it a different way?

Typically, the membership only votes for electing Directors. Most Associations also require a membership vote to amend the governing documents (CC&Rs, Bylaws, Articles of Incorporation) but State laws and Association documents vary, so you should check that.

Typically, a Board is granted authority to sell, purchase or trade land that they oversee. This would be the common area/land. However, State laws and Association documents vary so this needs to be checked.

LarryD10 (Texas)
Posts: 26

Posted:

Tim
here the cc&rs #27. These Protective and Restrictive Covenants may be amended in whole or in part by a written instrument placed of record and executed by the owner or owners of at least seventy-five percent (75%) of the property within xxxxxxxxxx Sectiom II and Section III. There wasn't enought votes to pass this so the BOD use the common grounds to case votes so the amendment would be pass. The BOD said it was legal here in Texas. So that was the question can comman ground be use to cast a vote by the BOD

thanks larry

TimB4 (Tennessee)
Posts: 21,046

Posted:

Sounds like you will need to consult an attorney and challenge the amended document in court.

JeffR7 (California)
Posts: 251

Posted:

Larry, why stop at voting for a park, tell your board to vote for each tree, or better for each flower in the common area.

Do you have any benches in the park? They can vote too ;)

Seriously, how ridiculous can some people get. However I did see on set of CC&Rs where a board were allowed to cast one vote as a board. They didn't have to, but had an option to do so.

BradP (Kansas)
Posts: 2,640

Posted:

Larry

here is what I would do:

Step #1 - write each and every board member and the attorney (if they have one) and let them know you feel what they did was illegal and ask them to show you the document that allows them to cast votes for common area.

Step #2 - Bring this up at an open meeting.

Step #3 - If the board does not stop and reverse course send them a letter telling them if they don't you intend to seek relief via the court system and have the HOA pay for your costs.

Step #4 - go to court, this one in my opinion is a slam dunk if they used the 4 votes from the common ground to get over the 75% threshold.

I do agree with Brian, make some I am a moron T-shirts and give them away to the board, this is probably one of the top 5 dumbest things I have seen pulled.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Christmas is coming and your local bar association owes your board of directors a bottle of champaigne for creating so much work for so many lawyers for so many years to come.

LarryD10 (Texas)
Posts: 26

Posted:

Thanks everyone for your imput, some good advice i will try once again thanks

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