StewartG1 (Florida)
Posts: 15
Posts: 15
Posted:
Our HOA has been cleaning up the mess that boards from previous years have left,succesfully I might add,however we had another mess dropped on us this week.
Apparently the articles that governed the sub division originally included that the option of an ARC committe is (or was ) in place until 2010 then it has to be reinstated by a 2/3 majority of the homeowners,we have found records where the previous president produced a proxy frorm which was delivered to all homeowners asking for their vote on this and other issues,unfortunately we have found only 40 voting slips returned,our community is 160 homes therefore we need I assume 106 votes in favor or is it that we need a 2/3rds majority of those who voted or is it that we need a 2/3rds majority of those eligible to vote.
As you can imagine this has left us with massive legal issues as homeowners in some instances have not been happy that the ARC committee refused some requests and limited others,in addition to this the previous president actually changed the articles on the web site to reflect that the vote was succesful but did not minute it as such,in fact he minuted the opposite.
This is so sad because we have got the residents on our side after much hard work but I have a feeling if we have to publicize this,people will be lining up to take legal; action just to get back at the previous president.
Any advice would be great.
Apparently the articles that governed the sub division originally included that the option of an ARC committe is (or was ) in place until 2010 then it has to be reinstated by a 2/3 majority of the homeowners,we have found records where the previous president produced a proxy frorm which was delivered to all homeowners asking for their vote on this and other issues,unfortunately we have found only 40 voting slips returned,our community is 160 homes therefore we need I assume 106 votes in favor or is it that we need a 2/3rds majority of those who voted or is it that we need a 2/3rds majority of those eligible to vote.
As you can imagine this has left us with massive legal issues as homeowners in some instances have not been happy that the ARC committee refused some requests and limited others,in addition to this the previous president actually changed the articles on the web site to reflect that the vote was succesful but did not minute it as such,in fact he minuted the opposite.
This is so sad because we have got the residents on our side after much hard work but I have a feeling if we have to publicize this,people will be lining up to take legal; action just to get back at the previous president.
Any advice would be great.