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Subject: Turmoil
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Author Messages
LisaW11
(North Carolina)

Posts:2


01/29/2012 6:37 AM  
President resigned prior to annual meeting, primarily to save his sanity. Although we come to find out, no one on the any board ever was valid.
Background - for a year this "president" fought to have things done properly: votes weren't taken or recorded, money was spent without required community approval, no tax returns have ever been filed and still aren't because no one will listen to him, the "board" never had any insurance......on and on, battle after battle.
His resignation came as he realized annual meetings have never been conducted with required quorum. Boards were never voted on as required. What happened in the past is volunteers stepped up, the few in the room said yeah! And then it was over. The president and a few others scoured the community prior to this years meeting with a paper listing 3 names and asking folks to sign to vote for them. The page they signed said it was a proxy to vote for these folks. We had signatures to establish quorum.
Come annual meeting morning, suddenly the people who never knew there were by laws, become very vocal and schooled in proper proxies and throw all these signatures away. So.....the poor President quit.
No quorum was obtained, they all think they have a plan to hold another meeting properly.
Does this poor pseudo ex President try for his position back or take on a watchdog member of the community role?
Thoughts? Suggestions?
SteveM9
(Massachusetts)

Posts:2901


01/29/2012 8:15 AM  
If this president was always doing everything wrong, do you really want him back? Sounds like its time for someone else to step up to the plate.
LisaW11
(North Carolina)

Posts:2


01/29/2012 8:22 AM  
No, perhaps my post was poorly written.....the President was the first person ever to attempt effective management, i.e. manage according to covenants, law, etc.
BruceF1
(Connecticut)

Posts:2480


01/29/2012 8:46 AM  
Lisa,

If no one would listen to this person as president, what makes anyone think he would be listened to more in a "watchdog" role?

If he is really interested in serving his community he should run for a position on the board. Hopefully, if the community truly wishes to "set things straight" and elects good people to be on the board, this person will be re-elected, and perhaps, be elected by the new board as the president.
SusanW1
(Michigan)

Posts:5202


01/29/2012 11:56 AM  
You have talked about ONE person on this board.

Are you saying he is the LONE voice of sanity on this board?

Get a parliamentarian or board consultant in to speak to the board about its duties and obligations.
TimB4
(Virginia)

Posts:9147


01/29/2012 6:27 PM  
Lisa,

Perhaps you and few of your neighbors should volunteer to run along with the individual who resigned. This might help change things around.

As for the previous elections, the procedure was improper but those same people still might have been serving in those positions.

With the expectation that your Association is incorporated as a nonprofit (most are), the Association would need to comply with the North Carolina Nonprofit Corporation Act.

Per that act, § 55A‑8‑05, "Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated, or appointed" and per § 55A‑8‑11, the board may appoint individuals to the vacancies on the board.

Therefore, if there was no quorum at the meeting, under § 55A‑8‑05, the current directors remained on the Board. Per § 55A‑8‑11, they could then appoint directors to fill vacancies or expected vacancies (i.e. when the current directors resign). End result - the same people would most likely have served on the board. The procedure to place them there was incorrect but it probably wouldn't have changed the outcome.


Tim
BradP
(Kansas)

Posts:2640


01/30/2012 7:30 AM  
Lisa:

If I was said person I wouldn't touch the HOA with a 10 foot pole unless a group of volunteers emerged that I was comfortable running with. Life isn't worth the aggravation sometimes and you can only beat your head against a brick wall so many times before you get a concussion.
JohnC46
(South Carolina)

Posts:4057


01/30/2012 8:21 AM  
LISA

What type/style of units? (single home, townhouses, small multi units buildings, one large building, etc.)

How many units?

How old a development?

Budget size?

Thanks
LisaW10
(North Carolina)

Posts:7


01/30/2012 12:41 PM  
thank you to all for responding. I was at first nervous about posting

It is a small subdivision (less than 100 single family homes) with about a $10,000 budget.

The President is able to navigate thru everything with a supportive board, except for ONE. That one makes all the drama. I'm sure you all have had experiences with the one "bad apple". The one who brings the few neighborhood friends to meetings for the sole purpose of criticizing and complaining.

Whatever..........The Pres was cojoled into staying on. Now we have to try for another Annual Meeting and hope for quorum.

JM10
(California)

Posts:474


01/31/2012 9:03 AM  
We are having a similar problem and decided that we wanted to avoid all the legal liability and are trying to sell.

I used to think that one person could change a culture, but you need some support.

As it is, the current board has doggedly tried to keep us from attending meetings. Besides breaking civil codes related to the Davis-Stirling Act, since they claim they have no contracts and our state requires contracts for work amounting to $500 and over, we're heading for real trouble. We had work done amounting to over $1000, but the board paid in three installments ($500, $500 and $400) as if that would be a way to get around the law.

I also think they haven't considered the state requirements for reporting independent contractors which is a different legal branch of trouble.

They just decided to put in a playground and bought the equipment before we even voted on it. The insurance people told us they'd have to inspect the equipment before they could tell us if our rates would increase, but the board claims that's not what they told them. My impression is, they are bluffing and didn't call the insurance agent.

We've already won a small claims court case against this board, but that hasn't deterred them. They told everyone they had spoken with a lawyer, but won't reveal the lawyer's name.

No one wants to talk about legal liability, except us.
JohnC46
(South Carolina)

Posts:4057


01/31/2012 9:14 AM  
LISA

You say 100 private, standalone homes with a $10,000.00 budget. Does this mean yearly dues of $100.00 per home?

If so this would mean to me few if any amenities/common ground thus few issues.

Am I missing something?



JohnC46
(South Carolina)

Posts:4057


01/31/2012 9:19 AM  
JM

Sorry but my initial blush is I expect you will never be happy living there so I agree it might be best if you did move. I also think you might be more comfortable not living in any type HOA arrangement.

LisaW10
(North Carolina)

Posts:7


01/31/2012 9:41 AM  
You are correct.

Most issues involve covenant enforcement.
JM10
(California)

Posts:474


01/31/2012 9:47 AM  
Actually, as someone whose mother and her friends were the victims of hate crimes, it is hard for me to stand being discriminated against.

Our HOA is specifically targeting us and only us. So everyone else is welcome at meetings. Some are getting special parking privileges that we would love to have. And they threaten to fine us for things that do not violate state or the CC&R. We ask them to give us the code, they don't reply.

Before this, I was the person who cleared out the drains when it rained and cleaned out the spiders. We also raised vegetables to share.

Our lawyer can't believe they don't just let us attend meetings and then do whatever they want. We aren't allowed to have the same rights and privileges as other people. Why should we want to be second-class citizens?


JM10
(California)

Posts:474


01/31/2012 9:57 AM  
In California, you can go to court for enforcement. That's what we're doing as a last resort.
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