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Subject: HOA not having the required annual meetings
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Author Messages
JeremyM3
(North Carolina)

Posts:107


11/27/2018 9:56 AM  
My HOA is such crap.

It's a small community of 49 houses, and 3 board members.

Our bylaws state: 2.3 Annual Meetings
The Board shall schedule subsequent regular annual meetings to occur during the third quarter of the Association's fiscal year, on such date and at such time and place as the Board shall determine.

Our fiscal year is the regular calendar year. It's now almost the end of the 4th quarter, and still no meeting notice has been sent out. I'm interested in learning about our 2019 budget, but there's no meeting!

What would you do in this situation?
AugustinD


Posts:1208


11/27/2018 10:01 AM  
You can get on the board with a like-minded majority. But being a board member is a lot of work and conflict. Alternatively you could make legal demands based soundly in statute but generally requiring going to court to enforce. It is a lousy way to spend one's life. Plus the courts are only interested in egregious transgressions by HOAs. If the HOA appears to be properly maintained, and you do not want to do the work of a director, learn to keep your head low and accept the crap.

On the other hand: Nationwide and on average, I think neighborhoods would be a lot less safe were it not for the invention of the HOA.
GeorgeS21
(Florida)

Posts:796


11/27/2018 10:25 AM  
Jeremy,

Demand, via registered letter, the Board announce and hold the meetings as dictated by your governing docs. Send to agent of record. Send cc copies to every Board member.

Call each of the Directors and discuss with them.

Let everyone know you are prepared to go further if they don't announce and hold the required meeting.

Know who you are going to contact next - whether it is attorney (your money or that of all of the HOA members interested in operating per the docs), or the state re requirements that aren't being met by a not for profit corporate entity, etc.

You have a lot of hard work in front of you - accept this and move out. Without the hard work, nothing is going to happen.
KerryL1
(California)

Posts:5950


11/27/2018 11:34 AM  
George's advice sounds good. But it WILL be hard work. Are you willing to serve, Jeremy?
TimB4
(Virginia)

Posts:16045


11/27/2018 11:45 PM  
Contrary to Georges suggestion, I would try a non-hostile approach and simply contact a board member and ask if you missed the notice for the annual meeting. Then ask if you can get a copy of next years budget.

More flies with honey.

Sending a demand letter via certified mail is great if you planning to go to court.
However, the unintended consequence is to make the Board hostile toward your concerns (vs. a being more open to a simple question).

Hope this helps,

Tim
GeorgeS21
(Florida)

Posts:796


11/28/2018 5:59 AM  
Call each of the directors and discuss with them ... wasn’t in chronological order ... sorry.
AdamD1
(Indiana)

Posts:178


11/28/2018 6:53 AM  
Posted By JeremyM3 on 11/27/2018 9:56 AM
My HOA is such crap.

It's a small community of 49 houses, and 3 board members.

Our bylaws state: 2.3 Annual Meetings
The Board shall schedule subsequent regular annual meetings to occur during the third quarter of the Association's fiscal year, on such date and at such time and place as the Board shall determine.

Our fiscal year is the regular calendar year. It's now almost the end of the 4th quarter, and still no meeting notice has been sent out. I'm interested in learning about our 2019 budget, but there's no meeting!

What would you do in this situation?




I was in the same boat with my Board. I sent them a letter demanding an annual meeting after years of not having one. Guess what? They all quit without choosing their successors. So we had an HOA but no Directors. Our property manager (rogue homeowner, lived in neighborhood at the time) just hand picked Directors to lead. That didn't last long once the attorney got wind of it. It was a mess. Had to call a special meeting, reach quorum (meaning me and a few others went door to door - over 400 homes in our community), and get elected to the Board. Which I did. It is a HELL OF A LOT OF WORK! I've been doing this officially for 1.5 years and my term ends December. Guess what? I'm done with it on Dec. 31.

Lot of stress. Lot of aggravation. Some ugly comments. Some very rude homeowners. Board members that don't have time or have knowledge of our governing docs. This entire volunteer experience has been like trying to corral cats. Careful what you wish for, it just may come true!
GeorgeS21
(Florida)

Posts:796


11/28/2018 8:07 PM  
Governance is work .., always has been.

It isn’t for everyone, but someone has to do it.
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Forums > Homeowner Association > HOA Discussions > HOA not having the required annual meetings



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