Derelection of Duty

In August, our HOA underwent an upheavel, and 3 brand new trustees were forced into a position none of them aspired to, after resignation of the former 3. There are only 3 trustee positions. For 7 months now, the only accomplishement of the trustees was to produce a 2012 budget, basically a carbon copy of the 2011 budget. Meantime, no covenants are being enforced, homeowners are doing as they wish. Cars are routinely parked in no parking areas and fire lanes. When the new trustee are questioned, the basic answer is the trustees have jobs and don't have the time to deal with HOA business. Meanwhile the look of the subdivision is declining, entry gate has not worked in 7 months, and the list goes on. What recoarse do individual homewoners have?

Sharon, first I suggest the individual homeowers can volunteer to help. Second if no one wants to do the work then hire a managing agent who is willing to do whatever the Board does not want to do.

Might be time for management company and if already one, have them do their job.

Sharon,

Per your governing documents, how many directors must the Association have?

It's possible that if the documents require 7 directors and there are only 3 remaining that a quorum can not be achieved. This would legally prevent the Board from conducting business.

Individual Homeowners have the following options:

1) Volunteer instead of depending on someone else to volunteer
2) Enforce the covenants themselves on the individual violators through the courts (neighbor against neighbor).
3) Complain yet do nothing
4) Ignore the problem
5) Move

The Board may be able to;

1) appoint non-members to the vacant seats (depends on your governing documents)
2) conduct business with only three Directors (depends on your governing documents)
3) Hire a management company to do the day to day stuff (depends on your budget)
4) Petition the court for receivership (not recommended)
5) Continually ask for volunteers and hope someone steps forward.
6) Do the best they can with what they have (prioritizing what will and won't get done)

Why did the others resign?