Get 2 months of free community web site hosting from Community123.com!
Tuesday, January 16, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: HOA BOD put into place illegaly?
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
BuddG
(South Carolina)

Posts:4


01/11/2018 2:35 PM  
I have a question,
We moved into a new neighborhood (3 years ago) that had an earlier section started but 8 years earlier the builder went Bankrupt and Housing bubble popped.
The declaration states that when 1 of 2 things has occurred the Declarant can not put a Board Of Directors into place without there being a vote by 68% of community.
The conditions were as follows:
7 years has passed since Declaration filed OR 86% of the properties were sold. The latter condition goes on to state the class of the declarant then becomes class A instead of Class B giving them only 1 vote per remaining lot instead of 5. Essentially making them same voting status a resident.
The HOA had been run by a management company for 9 years and just up and appointed a BOD in the 9th year after declaration had been filed & the 85% of lots had been sold.
The way I read it the current BOD was put into power against the declaration we all signed.
I asked the management company about this and got a response as follows.
The current HOA BOD was picked by the declarant to be a temp situation and help a smooth transition. An election by proxy would take place in beginning of 2017. Well it is 2018 and now the TEMP BOD is pushing to make our private roads public, lower speed limits and a host of other extreme changes from the agreement we signed.
Can I get a Declaratory judgement to determine if the BOD is legally in place to make these changes? I have been pushing for 1 1/2 years to actually have an election and it keeps being swept under to rug. SC just passed that the state can have rule over Civil matters and determinations of improper actions by an HOA.
Any advice how I can get this BOD ousted and an election taken as written in the declaration??
Thanks in advance
DouglasM6
(Arizona)

Posts:537


01/11/2018 3:51 PM  
Your question may be best put before an attorney.

However, I'll ask some questions and maybe we can hash this out here.

What year were the declarations filed?

Is it 85% of the homes sold, or 86%.


Most importantly, the current BOD may or may not even know what they can or cannot do. If the CC&R's state the roads are common property it would take changing the covenants to make them public. This won't work out anyway once they see what the cost is going to be to have the city or county maintain them.

If I were in your shoes, I would read the covenants completely and make sure I understand them fully, then I would pen a certified letter to the BOD asking them to explain how they feel they have the authority to make those changes without a vote to change the covenants.

That's for starters....
JohnC46
(South Carolina)

Posts:7113


01/12/2018 8:28 AM  
Budd

You said:

SC just passed that the state can have rule over Civil matters and determinations of improper actions by an HOA.

Can you refer me to this?

Thanks


As to your post. it seems you have an improperly in place BOD meaning there should have been a BOD election in 2017. You may have little luck in getting the BOD to accept this unless it comes in the form of a letter from an attorney. Be less concerned what the BOD wants to do as the road thing could take forever and there is no guarantee the town/county will take them over.

Forget what the BOD wants to do. Work on that they are improperly in place and get a proper BOD elected.



BuddG
(South Carolina)

Posts:4


01/12/2018 9:32 AM  
The improperly placement is my angle. I have talked to our family attorney, not HOA specialist. But he did suggest to file for a declaratory judgement to decide if the CCR was actually followed or not.
I am no lawyer either, lol. The HOA laws have recently been amended to give General Attorney office power to inspect and confirm if all is being followed correctly now. I get a little confused with the terminology though.
I believe if I can produce a judgement the BOD was not put into power via the written declaration I can force an election or at best have legal stance to ignore any amendments they enact. Am I correct in this line of thinking?
BuddG
(South Carolina)

Posts:4


01/12/2018 9:34 AM  
Sorry I believe 85%
I will post the lines I am referring to later. Just busy today
BuddG
(South Carolina)

Posts:4


01/12/2018 9:35 AM  
I will get exact dates filed and when BOD was implemented to answer that better.
BenA2
(Texas)

Posts:77


01/13/2018 9:08 PM  
If a judge rules that the current BOD was appointed illegally, wouldn't the remedy be to elect a new board by the owners? How long will it take to get a ruling and then schedule an election?

I recommend concentrating on forcing a new election, which would solve the problem. Your CC&Rs should require regular elections.

I'm not sure how the BOD could pass the extreme measures you are speaking of without owner approval but if they try, that would be something you could try to get a declaratory judgement on.

I think you clearly need an attorney.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > HOA BOD put into place illegaly?



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement