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JohnD39 (Missouri)
Posts: 1
Posted:
We currently have the remnants of a self appointed, self purpetuating HOA. It is left over from the original HOA when the developer still owned property in the sub division. There is currently 1 person left on the board. The homeowners , in compliance with the bill of assurances voted to form a new HOA thru elections. The remaining member is now trying to get even by threatning to fine the organizers of the new to be formed committee over petty violations and filing changes to the bill of assurances with the county clerk to enact rules that she knows would cause members to be in violation. My question is does this self appointed, 1 person committee have the authority to levy fines? The original HOA was never incorperated and has never shown any financial statements to any members.
The other question is regarding the rules concerning signs, Signs are prohibited on any property. Does this also pertain to no trespassing signs and political signs? Thanks
BonnieG1 (Nebraska)
Posts: 1,186
Posted:
I am not certain about signs. That would be in your documents, By Laws, or Guidelines.

However according to NE law, a Board must have at least 3 people. One person should not be able to make decisions affecting the entire community.

BradP (Kansas)
Posts: 2,640
Posted:
John

I doubt that political signs are included, they seem to be exempt from everything...but the answers you seek on signs are in your documents.

Does she have the authority to fine? Again it is up to your documents, do they allow for fines, has a fine schedule been published and approved? Is the violations she is fining for enforced uniformily across the neighborhood? What the new board elected according to the bylaws?

She can fine all she wants, question is if it is legally recognized by the courts which may be the road you are headed down if she doesn't back down.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BonnieG1 on 01/20/2012 8:47 PM
I am not certain about signs. That would be in your documents, By Laws, or Guidelines.

However according to NE law, a Board must have at least 3 people. One person should not be able to make decisions affecting the entire community.


Here in SC my HOA Bylaws (filed as part of the CC&R) say we must have at least 3 and no more then 7 BOD Members. I assume most, if not all, say something similair.

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