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Subject: board on't call a special meeting as required.
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LaskaS
(Texas)

Posts:92


10/05/2018 5:57 PM  
Hi, the owners of our condo's submitted the required, 51% signatures on a petition to call a specail meeting for the purposes of recalling the current board president, and other board members and to elect a new board .

we actually had almost 60%.


the board has had the petition for over 2 weeks and still have not called a special meeting.

the owners submitted the petition to the board secretary(as required by our bylaws) and also sent it to the hoa attorneys.

what can owners do if the board is stonewalling and will not call the special meeting as required by our bylaws and texas condominium act.


I'm hoping there is a remedy, other than having to go to court to force a special meeting. It seems a blatant abuse of the process.

the board wouldn't resign as asked for by a majority of owners. so the owners has a petition drawn up and 60% of owners signed.,

MelissaP1
(Alabama)

Posts:7767


10/05/2018 6:08 PM  
Typically it's the board that removes an officer as they are the ones who vote for them amongst themselves.... So not sure if your putting your cart before the horse here. Your board are also HOA members. So their vote counts as part of the voting process. Do you think they will vote for their own removal?

Have you read the details on how a special meeting works? Does it say the board is responsible specifically? Does it say things like a 30 days notice or at the whim of the persons wanting it? Seems there should be a bit more details to the process because so far it seems a bit sloppy and unorganized at it's best. Hence why the board or lawyers haven't replied.

Former HOA President
LaskaS
(Texas)

Posts:92


10/05/2018 10:09 PM  
hi,, it says specifically,, that upon delivery of the petition to the secretary. a special meeting shall be called no less than 10 and no more than 30 days from the date of notice...

but the notice has to go out stating the date.. and no notice has gone out.. and the board will not respond to questions about when they are going to schedule the special meeting as required.
JenniferG12
(Texas)

Posts:103


10/06/2018 2:37 AM  
Posted By MelissaP1 on 10/05/2018 6:08 PM
Typically it's the board that removes an officer as they are the ones who vote for them amongst themselves.... So not sure if your putting your cart before the horse here. Your board are also HOA members. So their vote counts as part of the voting process. Do you think they will vote for their own removal?





I'm not following you. Laska and fellow owners are not seeking to remove officers, they are seeking to remove and replace board members, which only owners can do and they are following the procedure to do that.

It's irrelevant how the board votes. He's got well over the 51%.
JenniferG12
(Texas)

Posts:103


10/06/2018 2:52 AM  
Posted By LaskaS on 10/05/2018 10:09 PM
hi,, it says specifically,, that upon delivery of the petition to the secretary. a special meeting shall be called no less than 10 and no more than 30 days from the date of notice...

but the notice has to go out stating the date.. and no notice has gone out.. and the board will not respond to questions about when they are going to schedule the special meeting as required.




Well, they still have a couple weeks to comply with either the Texas law or by-law requirement you are citing.

I will toss this out: Are you sure you have the % you need? I ask because our condos are % based voting. And when this exact thing happened, the board refused to schedule the special meeting, and when it went to court the attorney bringing the suit was erroneously not using the % based voting to tabulate.

He was tabulating as if every unit had the same % of a vote. There were several tabulations done taking into account the proper way to tabulate. At one point the count was 50.3%. Pretty amazing.

And a few of the proxies were called into question. In the end, they didn't have quite 51%. Just be sure that you do is what I am saying.



LaskaS
(Texas)

Posts:92


10/07/2018 3:18 AM  
jennifer,,, I know exactly what you are talking about,,

the 51% has to be tabulated on a percentage basis of total square feet of all the condos..

we have a spread sheet with all the sq footage.
..


the board doesn't have two more weeks to call the meeting..

the board is supposed to call the meeting as soon as they are presented with a valid petition.


the min 10 max 30 days is the range for when the meeting will be scheduled after the notice is sent to owners.. is it is now.. they haven't even sent the notice.


RichardP13
(California)

Posts:3139


10/07/2018 9:57 AM  
I have read a couple of Bylaws for Texas HOA and found thee is a problem in the language. The problem is it doesn't say how much time the Board has to actually set a date. I have to assume the Board can take as much time or until hell freezes over.

For example, in California, our Corporation Code states that the the Board has 20 days upon receipt to set a date, not less that 35, nor more than 90 days, if called by a membership petition, Corporation Code §7511(c). If notice is not given, the persons entitled to call the meeting may do so or they can have a Superior Court do so.
JenniferG12
(Texas)

Posts:103


10/07/2018 11:54 PM  
Posted By LaskaS on 10/07/2018 3:18 AM
jennifer,,, I know exactly what you are talking about,,

the 51% has to be tabulated on a percentage basis of total square feet of all the condos..

we have a spread sheet with all the sq footage.
..


the board doesn't have two more weeks to call the meeting..

the board is supposed to call the meeting as soon as they are presented with a valid petition.


the min 10 max 30 days is the range for when the meeting will be scheduled after the notice is sent to owners.. is it is now.. they haven't even sent the notice.






Thumbs up on definitely having over 51%!

To answer the q in the OP, no there is no remedy other than court. Our board's attorney threw the kitchen sink at that too. Saying that such a petition is not valid, the proxies obtained didn't give that specific power, on and on. I am talking about going to court over and over to argue every single thing presented.

Non-sensicle arguments on both sides that just wasted time and burned money. Hundreds of thousands of dollars.

Perhaps it would be different for you. Perhaps their attorney would not advise fighting against THE LAW as plainly written. It's still going to cost you to file the suit. I would make sure those proxies are air-tight. If you are going to spend money, you want to for sure win and win attorney fees.

PS I still don't follow your math. They have a max of 30 days and the 30 days are not up. When they are, maybe start with a demand letter from an attorney and see if their attorney won't do the right thing and it doesn't have to go to court.
MelissaP1
(Alabama)

Posts:7767


10/08/2018 5:52 AM  
My question is? When will these people who just went through a disaster be able to do their repairs and live again? Or do we have to wait for them to go through an additional "Fight" before anything is done. Talk about neighbors helping neighbors in time of need. Maybe I am just NOT seeing it here?

Seriously when you break it all down. The issue the OP has is that construction work is being done that they don't think the HOA is responsible for. Who is the HOA? Them and ALL their neighbors! Maybe it's just me, but I would hope that if a tragedy struck, my neighbors would be willing to work together to get things back to normal for EVERYONE. Instead of fighting over "Should ALL the neighbors pay for this or should the individual?"

Sorry but in my opinion the HOA paying for these repairs mount up to no more than everyone kicking in together to fix where they live. Sure it's not fair that only a certain group "benefits" but what are they "benefitting"? Repairs to sheet rock, electrical, mold remediation, and general clean up of a catastrophe? Oh and funded by their neighbors of which live there too...

Former HOA President
JenniferG12
(Texas)

Posts:103


10/08/2018 9:31 PM  
Laska!

What does this mean? (from your other thread): "now the volunteers who are *likely* to be elected to the new board at the special meeting.."

Are you saying you demanded a special meeting to recall but not replace the board? You do not have people lined up to take their places?

You want a recall and an election? What if enough people don't even run? Or the right people? part of the current board could get voted in by default.

Friend, you have gone too far w/o an attorney. They are going to eat you alive. You're not even sure (according to the other thread) if what you are calling for is something they have to do.

They are already throwing objections at you, there is no way you are getting anywhere w/o the help of a good attorney. No way.

AND the attorney will clarify for you what you can and cannot, should or should not, sue over so you are not chasing your tail.
JenniferG12
(Texas)

Posts:103


10/08/2018 10:27 PM  
Posted By RichardP13 on 10/07/2018 9:57 AM
I have read a couple of Bylaws for Texas HOA and found thee is a problem in the language. The problem is it doesn't say how much time the Board has to actually set a date. I have to assume the Board can take as much time or until hell freezes over.

For example, in California, our Corporation Code states that the the Board has 20 days upon receipt to set a date, not less that 35, nor more than 90 days, if called by a membership petition, Corporation Code §7511(c). If notice is not given, the persons entitled to call the meeting may do so or they can have a Superior Court do so.




If by laws do not address it, we look to the Texas Business Organization Code.

RichardP13
(California)

Posts:3139


10/08/2018 10:54 PM  
Posted By JenniferG12 on 10/08/2018 10:27 PM
Posted By RichardP13 on 10/07/2018 9:57 AM
I have read a couple of Bylaws for Texas HOA and found thee is a problem in the language. The problem is it doesn't say how much time the Board has to actually set a date. I have to assume the Board can take as much time or until hell freezes over.

For example, in California, our Corporation Code states that the the Board has 20 days upon receipt to set a date, not less that 35, nor more than 90 days, if called by a membership petition, Corporation Code §7511(c). If notice is not given, the persons entitled to call the meeting may do so or they can have a Superior Court do so.




If by laws do not address it, we look to the Texas Business Organization Code.




OK, so what does it say?
JenniferG12
(Texas)

Posts:103


10/08/2018 11:23 PM  
Posted By LaskaS on 10/07/2018 3:18 AM
jennifer,,, I know exactly what you are talking about,,

the 51% has to be tabulated on a percentage basis of total square feet of all the condos..

we have a spread sheet with all the sq footage.
..


the board doesn't have two more weeks to call the meeting..

the board is supposed to call the meeting as soon as they are presented with a valid petition.


the min 10 max 30 days is the range for when the meeting will be scheduled after the notice is sent to owners.. is it is now.. they haven't even sent the notice.







OK, I have come back to this because I see why our 'math' is different on how long they have. First off, the Texas Property Code does not address it. Citing TUCA is meaningless in this context. It defers to your by-laws, and if they do not set a time, you look to the Texas Business Organization Act, which gives 60 days.

Second, no, they are not supposed to send a notice right away that they *will be* scheduling a special meeting. You're thinking of it backwards.

Here is how the Texas Business Organization Code reads:

"The notice shall be delivered to each member entitled to vote at the meeting not later than the 10th day and not earlier than the 60th day before the date of the meeting."

So, notice may not be sent more than 60 days out, and may be as close as 10 days in advance of the meeting.

If your by-laws say something different, you'll need to post it verbatim.

Onto their first objection, this petition says 'The President and other board members'? That wasn't worded correctly. It should have read all board members. The Petition wording gives them the room to pick and choose what that means.

You need an attorney to be properly wording and organizing this venture. They have one. Whose job is being made very easy shooting down laymen interpretations of the law, incorrect citations, and poorly written petitions.

I don't mean to sound harsh, I feel badly saying that, but the intent IS to help you.
JohnC46
(South Carolina)

Posts:7871


10/09/2018 3:55 AM  
Laska

Unless you have an attorney, you will probably lose.
LaskaS
(Texas)

Posts:92


10/12/2018 11:06 PM  
thank you jennifer for the feedback.

Actually, we used that wording , because it was the exact same wording that the hoa attorney approved for a previous special meeting petition.

anyway,,

Good new,,

the board is sending out the notice of special meeting to the owners tomorrow.. and the meeting is going to be on oct 25.

There are three members of the board that were recently appointed(because of vacancies on the board).. these three are part of the volunteer group of owners(including me) who are trying to stop the board or rather the board president from doing things that were outside of her legal authority. etc etc.

I'm concerned because the old members members 6 others(who the owners have signed the petition to remove) are including a proxy with the announcement. Apparently,, if the owner signs the proxy, but doesn't designate a person to appoint the proxy to.. the proxy will be given to the board (sometimes i've read it's given to the president) to vote as they see fit.

i've read other messages on this message board.. and some various web sites.... I believe the proxy actually states that if it is left blank then the proxy will be given to the board

We have come so far,, and I just want to make sure that the current 6 old board members( who the owners want to remove) dont try and pull a fast one.... .. I think the volunteers are going to try and send a letter that will arrive shortly after the noctice from the board.. and explain to them that they must not leave the proxy blank..

they should by all means try and attend and vote in person.. if not.. make sure they designate one of the owners who they support to be the proxy voter...

any other suggestions??..

question.. do the candidates for replacement of the removed board members have to be announced in the specail meeting announcement.??
JenniferG12
(Texas)

Posts:103


10/13/2018 3:38 AM  
I'll come back to this with more, but of course the board is sending proxies because they are on their game, and friend, you aren't. You should have the proxies. Ugh, I hate this for you but I have to get off here. GET PROXIES NOW. Oodles of proxies either with the names of the people you want voted in or designating you as their proxy. Whichever you can.

IDK if the candidates have to be announced at the special meeting. That is something you should know. What your docs say about that. Focus, friend. Ignore all other aspects you come across studying your docs but this and zero in.
JohnC46
(South Carolina)

Posts:7871


10/13/2018 6:50 AM  
Typically in a recall the replacement has to be specifically named such as replacing Mary Smith with John Jones. I suppose in a group recall, the new group to replace them do not need to be specifically named as to who they are replacing such as replacing Mary, Tim, and Sue with Ed, Ann, and Bob would be sufficient.

Get on those Proxies designated to a specific person who will vote like the proxy giver.

Even if one submits a proxy they can submit a later one and the later one is the valid one.

If one gave a proxy then showed up at the meeting, their presence overrides/kills the proxy.
AugustinD


Posts:1222


10/13/2018 7:25 AM  
-- I disagree with Richard's contention that the Board might have 'until hell freezes over.' The courts expect HOAs and condominiums to be 'reasonable and fair.'

-- LaskaS, I see nothing wrong with studying your governing documents closely; making your legal arguments in a demand letter (as Jennifer says) and if your group cannot afford an attorney, then go to court pro se. Assuming you think your case per the governing documents is strong, then I think you have nothing to lose by going pro se. Let the other side's attorneys eat you alive. You have a chance of winning. Meanwhile, the next annual election should be approaching.

-- As part of the decades old "access to justice" movement, Texas has free legal assistance here and there. Draft a court petition using samples you find online for the appropriate state court in Texas; take it to the free legal clinic; and go from there.

-- You have a majority who are already angry with the Board. The board's running up legal costs will only make this majority angrier and more likely to toss the bums out when it comes election time.
AugustinD


Posts:1222


10/13/2018 7:27 AM  
Never mind. I see LaskaS got her special meeting. Onto the proxy battle.
LaskaS
(Texas)

Posts:92


10/14/2018 12:46 AM  
luckily,,, there was a board meeting today discussing the special meeting,, and the letter that was going out.. I had already notified the three new board members(who are part of the homeowners who got the petition for recall signed etc) of my concerns regarding the way the letter is worded.. and the way the proxy is worded.

the three all insisted that the letter not go out yet, and that the wording of the proxy must be changed.

we(the volunteers)will also contact all the owners and advise them not to sign the generic proxy the board is sending out... The volunteers have a valid proxy for a recall vote.. and we also have been using DOCUSIGN to get legally valid signatures from owners through email.. we will send our own proxy ,, and have the owners sign those.. we have all of the owners who signed the petition contact information.

We already have about 20 proxies.. but of course.. we need a lot more.. but just letting you know jennifer.. we(the volunteers) are on our game. The board is hemming and hawing and now trying to right the wrongs that have gone on for the past year.. .... THEY SHOULD HAVE BEEN PAYING ATTENTION THE PAST YEAR. THEY SHOULD HAVE BEEN DOING THEIR JOB . NO WAY IN HECK AM I GOING TO AGREE TO LET THE CURRENT BOARD MEMBERS WHO WERE ASLEEP AT THE WHEEL ,WHILE THE PRESIDENT RAN ROUGHSHOD THROUGH RESERVE FUND AND IGNORED OUR BYLAWS, have a change to make it right.. ! are you kidding me. we have been telling the board what was happening for 6 months. they refused to act. Now that we got the petition, now that they realize time is up.. they are trying to follow the bylaws.. it's disgusting.
JenniferG11
(Texas)

Posts:530


10/14/2018 2:30 AM  
Part of the process of calling a special meeting involves a list of all people eligible to attend/vote, and they have to give you that list. (Texas Business Organization Code). Ergo, you have access to everyone.
JenniferG11
(Texas)

Posts:530


10/14/2018 3:13 AM  
Posted By LaskaS on 10/14/2018 12:46 AM
luckily,,, there was a board meeting today discussing the special meeting,, and the letter that was going out.. I had already notified the three new board members(who are part of the homeowners who got the petition for recall signed etc) of my concerns regarding the way the letter is worded.. and the way the proxy is worded.

the three all insisted that the letter not go out yet, and that the wording of the proxy must be changed.

we(the volunteers)will also contact all the owners and advise them not to sign the generic proxy the board is sending out... The volunteers have a valid proxy for a recall vote.. and we also have been using DOCUSIGN to get legally valid signatures from owners through email.. we will send our own proxy ,, and have the owners sign those.. we have all of the owners who signed the petition contact information.

We already have about 20 proxies.. but of course.. we need a lot more.. but just letting you know jennifer.. we(the volunteers) are on our game. The board is hemming and hawing and now trying to right the wrongs that have gone on for the past year.. .... THEY SHOULD HAVE BEEN PAYING ATTENTION THE PAST YEAR. THEY SHOULD HAVE BEEN DOING THEIR JOB . NO WAY IN HECK AM I GOING TO AGREE TO LET THE CURRENT BOARD MEMBERS WHO WERE ASLEEP AT THE WHEEL ,WHILE THE PRESIDENT RAN ROUGHSHOD THROUGH RESERVE FUND AND IGNORED OUR BYLAWS, have a change to make it right.. ! are you kidding me. we have been telling the board what was happening for 6 months. they refused to act. Now that we got the petition, now that they realize time is up.. they are trying to follow the bylaws.. it's disgusting.




Alright, well, go Laska! Get 'em. IDK if docusign works with your bylaws so I can't comment on that, but in general I like your 'tude in this post. Too little, too late, busters. Get those proxies, and may the odds be ever in your favor.
JenniferG11
(Texas)

Posts:530


10/14/2018 3:38 AM  
Assuming you think your case per the governing documents is strong, then I think you have nothing to lose by going pro se. Let the other side's attorneys eat you alive. You have a chance of winning.





He would have ALOT to lose. As in paying for the association's legal fees alot.
GeorgeS21
(Florida)

Posts:811


10/14/2018 7:40 AM  
Laslo’s,

Are you going to be on the Board or assist with a committee?
AugustinD


Posts:1222


10/14/2018 7:53 AM  
Posted By JenniferG11 on 10/14/2018 3:38 AM
Assuming you think your case per the governing documents is strong, then I think you have nothing to lose by going pro se. Let the other side's attorneys eat you alive. You have a chance of winning.


He would have ALOT to lose. As in paying for the association's legal fees alot.



Judges do not like to assign a party the opposing party's legal fees, particularly if the claim (a) has any merit; and (b) when the opposing party is pro se.
GeorgeS21
(Florida)

Posts:811


10/14/2018 11:34 AM  
Sorry - auto spell checker.

Laska .... are you going to be on the Board or a committee?
JohnC46
(South Carolina)

Posts:7871


10/14/2018 1:38 PM  
Not judging the validity of Laska's claims, but I would bet good money that they lose the recall. Recalls are fraught with difficulties especially when a smart attorney represents the BOD.
LaskaS
(Texas)

Posts:92


10/15/2018 1:42 AM  
melissap1,

by and large, finally, the owners have finally realized the board doesn't know what they are doing.. they have hired contractors who have done unacceptable work. they have spent hundreds of thousands of dollars on contractors which was for work that largely was not the hoa responsiblity, the board now is trying to get another million dollars from owners so the board can do"the rest" of the work necessary.

well, no way in heck are we going to give the board another million dollars to waste, when they have clearly mismanaged the original million dollars we had in the reserves.

probably about 85 out of 125 owners are now actively rebuilding. many are done. All the waisted time, the board was trying to stall owners and tell owners not to rebuild or the board would have to tear down their work. It was all bs.. the board members were not even resident owners. ...

neighbors are helping neighbors.. the board members are not resident owners. they aren't helping anyone. while they may have started out with the right intentions, somewhere along the way, they refused to follow the legal requirements our documents outline, and our hoa attorneys told them they could do whatever they wanted as long as it was in "good faith"... the lawyers and management company(who only does our accounting) have done nothing to stop the board from doing things that are clearly outside their scope of authority. the lawyers and managment company claim they just work for the hoa and take direction from the board, they don't have the authority to tell them how to operate.. while this may be technically true.. I believe the hoa attorneys. and management company ,,knowing full well that none of the board members had ever served on a board and none of them had bothered to look at our documents, should have advised the board on the what their responsiblities were and should have warned them when they were not following our bylaws.
GeorgeS21
(Florida)

Posts:811


10/15/2018 11:58 AM  
Laska,

Are you going to join the BoD in the near future?

Are you on a committee assisting in some way?
LaskaS
(Texas)

Posts:92


10/16/2018 11:34 PM  
george,, yes, i am currently on the volunteer committee that gathered signatures for the petition to call a special meeting.

I am going to put my name in the pool of candidates for the board, yes,

I was previously elected to the temporary board(post hurrican harvey).. I resigned because I strongly disagreed with what the majority of the other people on the temporary board were doing.

I have stayed involved ever since then. The board tried to blame me for the delays and mistakes. They have spent thousands of the hoa funds trying to prevent homeowners(including me) from having access to contracts, financials, documents that are legally required to be available to homeowners upon request.

after 5 months of the board acting outside of their legal authority on issues, signing contracts without bids, signing contracts without discussion, paying contractors for work that was not verified or checked off on.. paying a project manager 120,000 who didn't actually have any project supervision duties....
(i could go on,, but literally, there is not a single contract that was vetted and approved the correct way according to our documents. the internal controls to prevent payments from being made without first verifying or approving the invoices were ignored...)

finally, the owners that had remained silent, and just hoped everything would be ok,, finally came around . It's textbook erin brokovich .. ( i never saw the movie, but everyone keeps comparing me to the character in the movie)/

at the end of the day.. I have spent month just trying to get access to information that is supposed to be made available upon request. When I finally got the contracts. It was worse than I could have imagined. No timelines. no price breakdown,, no comparisons.. ,, no project supervision, immediate payment .. ugggggg

ok, sorry george,, yes,,I plan on being on the board or any committe or any volunteer position that I am need in.
LaskaS
(Texas)

Posts:92


10/23/2018 11:52 PM  
UPDATE!..

hi there,,I wanted to give an update for those of you who have taken your time to give me great advice.

first. we have the special meeting called for nov 1st.
2nd.. we were able to get the proxy that accompanies the announcement changed.

now ,instead of a proxy that doesn't designate anyone.. being assigned to the board...

we have a proxy that instructs owners in bold,, if they leave the designation blank.. MAKE SURE to fill out the directed portion of the proxy,, .. if proxies do not have a designated person named,, but the sample ballot is filled out.. then those proxies are going to be assigned to the property manager, and he must vote in the way the owners designated on the sample ballot.

If an owner returns a signed proxy, and the designation field is left blank, and if the sample ballot is left blank, the proxy will not be counted!...

The current board members(who are going to be voted out) hemmed and hawed and didn't want to change the old proxy(which defaulted to them) however,, the 3 board members that were recently appointed to the empty slots(and who are part of the volunteer group of owners who circulated the petition and got the signatures required for a special meeting) insisted that the proxy not be so vague,, and they took over rewriting the proxy, got it approved by our NEW lawyer,, and the notices went out yesterday!

BillH10
(Texas)

Posts:294


10/24/2018 9:06 AM  
Laska, with respect to your last post and your statement the notices went out yesterday: are you certain you are in compliance with the window for meeting notices. Most I have seen say something like "not earlier than (some number of days, such as 50) and not later than (some number of days, generally 10".

You should check to see what your documents say about a notice window.
RichardP13
(California)

Posts:3139


10/24/2018 10:28 AM  
Posted By MelissaP1 on 10/05/2018 6:08 PM
Typically it's the board that removes an officer as they are the ones who vote for them amongst themselves.... So not sure if your putting your cart before the horse here. Your board are also HOA members. So their vote counts as part of the voting process. Do you think they will vote for their own removal?

Have you read the details on how a special meeting works? Does it say the board is responsible specifically? Does it say things like a 30 days notice or at the whim of the persons wanting it? Seems there should be a bit more details to the process because so far it seems a bit sloppy and unorganized at it's best. Hence why the board or lawyers haven't replied.



In California, for owners to call a special meeting of the members, it requires a petition signed by 5% of the membership. The board has twenty days to set a meeting date which can't be less than 35 days nor more than 90 days. If the board fails to give notice, then the persons entitled to call the meeting can.

This is California Corporation Code which is very similar in language to other states.

So, Melissa, which part(s) of what the OP stated is sloppy and unorganized?
LaskaS
(Texas)

Posts:92


10/27/2018 6:24 PM  
bill,,, thanks for the heads up. We were already checking the notice requirements.. the board has 30 days to call the meeting from when the petition was given to the secretary. the notice requirements are no less than 10 days and no more than 30 days ..

we did end up changing the special meeting to nov 7,, because we had to make sure we gave at least 10 days notice.

The president has not bothered to show up to any meeting since aug 25,, the day we presented the petition. She has not responded to emails. I'm pretty sure she knows , it's just a matter of time before all of the things she did that were outside of her legal authority are exposed in detail.

Now the hard work begins!

I know its always way harder to get money back from contractors after they have been paid..
that's the whole point of having some kind of checks and supervision before they are paid. (however, that didn't happen,, the president submitted check requests for payment without having board approval and despite knowing that the work that was done was questionable.and not complete and not what the scope called for)

We are in the process of going over the contracts and comparing it to the actual work that was done. We have found tens of thousands of dollars of work that was billed for, yet, the contractor did not in fact do the work. They also, stupidly, posted a punchlist inside each unit. checking off and claiming they did do the work!..
so it's a matter of getting the proof from each individual owners to confirm and provide receipts, pictures etc, that the work in question had already been completed way before this contractor started.

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Forums > Homeowner Association > HOA Discussions > board on't call a special meeting as required.



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