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Subject: Board member did not like the approved bylaws
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RebeccaA6
(Arizona)

Posts:31


03/03/2019 4:58 PM  
I am on a small HOA in New Mexico. One of the baord members has decided they do not like the way our bylaws have voting, as the general membership elects the officers not the board. New Mexico states that the officers are elected by the board unless there are other provisions.

She says this can't be true because you can't legally change your bylaws to something different than New Mexico Statue.

What recourse do we have?
MelissaP1
(Alabama)

Posts:8287


03/03/2019 5:17 PM  
Huh? The by-laws can be changed by the voting percentage that is required. Which can be 75% or more. Like all the other rules they can't violate local, state, or federal laws. Which that caveat is already in the rules. Doesn't mean you have to write every one of those rules into your HOA documents.

Plus the general public elects the board members. The elected board members then decide amongst themselves to elect to officer position. That isn't a general member vote. That is typical in most HOA's.

Former HOA President
AugustinD


Posts:1765


03/03/2019 5:35 PM  
New Mexico Statute 47-7E-8 (G)states: "Not later than the termination of a period of declarant control, the lot owners shall elect a board of at least three members, at least a majority of whom shall be lot owners. The board shall elect the officers. The board members and officers shall take office upon election." New Mexico Statute 47-7E-8 is also known as "Section 8" of the statute.

New Mexico Statute 47-7E-1(C) states:
"Except as provided in Sections 4 and 8 of the Homeowner Association Act, that act does not
invalidate existing provisions of the article of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013."

It does not matter what a New Mexico HOA's governing documents, amended or otherwise, say with regard to who elects the HOA's officers. The statute trumps all. Namely, "The board shall elect the officers." If your New Mexico HOA is not doing this, then it is violating the statute.

For the full statute, see https://www.nmclerks.org/content/files/Homeowner%20Association%20Act.pdf

KerryL1
(California)

Posts:6402


03/03/2019 6:36 PM  
Augustine found you a nice citation, Rebecca. Now will you please cite the exact language in your bylaws that say homeowners elect officers?? Sometimes,
RebeccaA6
(Arizona)

Posts:31


03/03/2019 8:06 PM  
You are absolutely correct the New Mexico Statute does say that. But we changed our bylaws because the homeowners wanted to be voted for a position and not leave it up to the board.

The statute says officers will be voted on by the board if there are no other proivisions.

Our bylaws now read:
B. Election of Officers:
1. The election of officers shall take place at the annual meeting of the Association Members.
2. The election of President, Vice President, Secretary, Treasurer, and Members at Large shall be
elected to a two year term, alternating years as follows: President, Treasurer and one (1)
Member at Large shall be elected in odd number years and Vice President, Secretary and
two (2) Members at Large in even number years.
RebeccaA6
(Arizona)

Posts:31


03/03/2019 8:08 PM  
We changed ours because the members wanted to be voted into a position and not let the board decide.
AugustinD


Posts:1765


03/03/2019 8:23 PM  
Posted By RebeccaA6 on 03/03/2019 8:06 PM
The statute says officers will be voted on by the board if there are no other provisions.


Nope. But I can appreciate your being led to water and not drinking it.
RebeccaA6
(Arizona)

Posts:31


03/04/2019 6:43 AM  
So then what does the provision mean in the statute? Our members wanted to change the way officers are elected. Isn't that what a provision means?
RoyalP


Posts:0


03/04/2019 6:48 AM  
NO, it does not.

IF, repeat IF, your association was created BEFORE July, 2013 THEN your bylaws may state different than the statute, BUT, only if they so stated THEN.
RoyalP


Posts:0


03/04/2019 6:50 AM  
association was should read association bylaws were



darn no edit
RebeccaA6
(Arizona)

Posts:31


03/04/2019 7:03 AM  
Our association was created in 2005.
AugustinD


Posts:1765


03/04/2019 7:25 AM  
Posted By RebeccaA6 on 03/04/2019 6:43 AM
So then what does the provision mean in the statute? Our members wanted to change the way officers are elected. Isn't that what a provision means?


As noted above, Section 47-7E-1(C) of the Act states: "Except as provided in Sections 4 and 8 of the Homeowner Association Act, that act does not invalidate existing provisions of the article of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013." This means that Sections 4 and 8 apply regardless of when the HOA was created. By contrast, Section 5, for one, does not apply to HOAs created before 2013 that have wording in their articles of incorporation, declaration, bylaws or rules that are different from Section 5.

Section 8 of the Act states, in part, that "The board shall elect the officers." Section 8 invalidates whatever is in a HOA's governing documents that differs from Section 8, regardless of when the HOA was created.

From reading Section 4 and Section 8, I think the NM Legislature had had it with certain aspects of HOA operation. So the legislature made these Sections absolute and applicable to all HOAs, regardless of the year the HOA was established.

So Rebecca, this person saying that a HOA cannot lawfully amend a NM HOA's Bylaws to something different from what the statute specifies, with regard to who appoints/elects officers, is correct. If your HOA's members amended its bylaws to say that the HOA membership, and not the board, would elect the officers, then this is not legally enforceable. If the HOA proceeds to elect officers via a vote of the HOA members, then with one caveat, the HOA is vulnerable to a successful lawsuit demanding that the Board elect the officers. The one caveat is that, if the Board says that it wishes to run an election for the officers (because, say, the Board wants membership input into the Board's choice of officers), and then the Board will appoint as officers the people the HOA members "elect," then I believe this is legal.

Thank you for being polite and ignoring my snarky remark above.

Aside: The New Mexico Homeowner Association Act became law only in 2013. Here and there the Act has some qualifications for those HOAs created before 2013.


RoyalP, not quite.
RebeccaA6
(Arizona)

Posts:31


03/04/2019 7:57 AM  
Your snarky remark is nothing compared to what I have had to put with since December. I have had to send a letter of cease and desist to this person due to harrassment and slander.

I appreciate the information. It really helps.

A little more information. We are still unclear on what a provision means then. I know this is going round and round, but I have to be absolutely clear on this to the people I am dealing with. One is very agressive and will not back down whether she is right or wrong.

The Corporations and Business Services (Secretary of State Office) has us listed as a Domestic Non Profit Corporation subject to Statute Law Code 53-8-1 to 53-8-99

53-8-23 A states:
... In the absence of any provision, all officers shall be elected or appointed annually by the board of directors.

Does that not mean that if we don't provide for the election of offices in our bylaws then we do it this way. The By-Laws are our provision and therefore if they provide for the election of officers, then we do it the way the By-Laws say.
RoyalP


Posts:0


03/04/2019 8:28 AM  
Posted By RebeccaA6 on 03/04/2019 7:57 AM
Your snarky remark is nothing compared to what I have had to put with since December. I have had to send a letter of cease and desist to this person due to harrassment and slander.

I appreciate the information. It really helps.

A little more information. We are still unclear on what a provision means then. I know this is going round and round, but I have to be absolutely clear on this to the people I am dealing with. One is very agressive and will not back down whether she is right or wrong.

The Corporations and Business Services (Secretary of State Office) has us listed as a Domestic Non Profit Corporation subject to Statute Law Code 53-8-1 to 53-8-99

53-8-23 A states:
... In the absence of any provision, all officers shall be elected or appointed annually by the board of directors.

Does that not mean that if we don't provide for the election of offices in our bylaws then we do it this way. The By-Laws are our provision and therefore if they provide for the election of officers, then we do it the way the By-Laws say.




The 'provision' in your bylaws changing officer election(s) is INVALID as it was enacted AFTER 2013.
AugustinD


Posts:1765


03/04/2019 8:53 AM  
Rebecca, afaic you raise a good point regarding what the NM Nonprofit Corporation Act says compared to the NM HOA Act. My understanding is that a HOA statute or Condo statute can trump what a state's corporate statutes say. This is due to the HOA statute or Condo statute dealing with particulars of a special type of corporation. It's like the HOA statute is a sub-category of the corporation statute. The exact phrase I have seen used by HOA attorneys is that the corporate statutes are "not apposite" (meaning 'not appropriate') when the HOA statute says something not quite the same as what the corporate statute says on a certain issue.

Also, I understand that one general rule is that, when there is a conflict between statutes, the most recent statute trumps the older statute. This too would mean that the HOA statute trumps the Nonprofit Corporation statute.

Lastly, I do not see a definition of "any provision" in the Act. Reference is made to "provision" at 53-8-2 and 53-8-3 (and no doubt other sections), indicating it could refer to "provisions" of statutes or of, say, Bylaws.

I think a court would interpret the HOA Act's provision, regarding the HOA board electing the HOA officers, to be a de facto provision of a NM HOA's Bylaws.

Can your HOA afford to have a NM HOA attorney weigh in?


AugustinD


Posts:1765


03/04/2019 9:23 AM  
Some commentary on from statutory interpretation, from https://en.wikipedia.org/wiki/Statutory_interpretation:

-- "When a statute is ambiguous, its meaning may be determined in light of other statutes on the same subject matter."

-- "... [I]f a later law and an earlier law are potentially — but not necessarily — in conflict, courts will adopt the reading that does not result in an implied repeal of the earlier statute. Lawmaking bodies usually need to be explicit if they intend to repeal an earlier law."

-- "Substantive canons instruct the court to favor interpretations that promote certain values or policy results."

-- "When two statutes conflict, the one enacted last prevails."

See also https://en.wikipedia.org/wiki/Implied_repeal.
RebeccaA6
(Arizona)

Posts:31


03/04/2019 9:51 AM  
No we cannot afford an attorney. Unfortuantely, we did not know about this change until we were blindsided by this person. She is fullfiling a personal agenda and is power hungry.

I sit on other boards that vote the same way.
KerryL1
(California)

Posts:6402


03/04/2019 11:52 AM  
Not sure what the communication glitch is, but it seems to do with "provision." Think of it this way, Rebecca: Within your bylaws, each article & section are provisions. So, in your below from your bylaws. "B." is a provision. Please notice that it does NOT say that owners (Assoc. members) elect officers.

"B. Election of Officers:
1. The election of officers shall take place at the annual meeting of the Association Members.
2. The election of President, Vice President, Secretary, Treasurer, and Members at Large shall be
elected to a two year term, alternating years as follows: President, Treasurer and one (1)
Member at Large shall be elected in odd number years and Vice President, Secretary and
two (2) Members at Large in even number years."

It's possible that there's confusion between "provision" and "amendment." An amendment is a change or revision of, say, the bylaws.

Your recourse, Rebecca is that the board votes to stick with NM statutes. I assume there are 3 directors? Or, if not, how many? The persons who's causing trouble: It's not clear to me what she wants. Please clarify. Does she want the members (Owners) to vote for board officers?? Or does she want the board to (s)left officers?

Whatever the case, she only has one vote.
RichardP13
(California)

Posts:3648


03/04/2019 12:03 PM  
This is from an association located just outside of Albuquerque, New Mexico , amended November 2013

Section 4.2 Election of Officers. The election of Officers-elect shall be conducted at the
December meeting by a majority vote of a quorum of the Board. The Officers-elect shall take
office immediately following the end of the February Annual meeting. Each person elected as an
Officer shall continue in office through the next Annual Meeting after taking office. Vacancies
of officers shall be filled by a majority vote of a quorum of the Board subject to other conditions
of these Bylaws regarding length of service on this Board. Any new officer shall complete the
term of the replaced officer.

Been there, Done that
RebeccaA6
(Arizona)

Posts:31


03/04/2019 12:10 PM  
We have 7 board members and would like to stick with the members voting for the officers.
KerryL1
(California)

Posts:6402


03/04/2019 12:52 PM  
Seven is a lot for a small HOA!

Anyway, how can you "stick with" members (homeowners) voting for officers, when your bylaws do not state that Owners may vote for officers? Or by "members,' do you mean board members, Rebecca?
KerryL1
(California)

Posts:6402


03/04/2019 12:53 PM  
Seven is a lot for a small HOA!

Anyway, how can you "stick with" members (homeowners) voting for officers, when your bylaws do not state that Owners may vote for officers? Or by "members,' do you mean board members, Rebecca?
KerryL1
(California)

Posts:6402


03/04/2019 12:53 PM  
Seven is a lot for a small HOA!

Anyway, how can you "stick with" members (homeowners) voting for officers, when your bylaws do not state that Owners may vote for officers? Or by "members,' do you mean board members, Rebecca?
RebeccaA6
(Arizona)

Posts:31


03/04/2019 1:44 PM  
Members are land owners.
AugustinD


Posts:1765


03/04/2019 2:09 PM  
Rebecca, do your Bylaws require officers to also be directors?

Are directors elected at the annual meeting as well?

You indicate you have this one director who has challenged the change to the Bylaws. She claims the change is unlawful. You indicate she has been difficult and you have sent her a cease and desist letter. I am not sure my words here help, or that you want to read them. But if I were in your shoes, I think I would try to set aside my ego and fears; bite the bullet; admit this one director was correct about what the law says; and ask the Board to comply with the HOA statute. Compliance could simply translate to the Board formally announcing that, pursuant to the NM HOA statute section 47-7E-8, the Board has elected so-and-so as the officers, who happen to be the same that the members voted for (technically, unlawfully) at the most recent annual meeting. I would quote from the HOA statute and also explain my understanding is that it trumped the corporate statute section.

You say this director is power hungry. Does she have a board majority ready to vote her in as president? If she becomes President, it is possible you could keep her in line with other statutes and applicable parts of the Bylaws. Somehow get it across that the board, and not any one director (not even the president acting by herself or himself), makes HOA decisions.

I grant that this sounds like a hard situation. Your HOA may have to go through an election cycle or two to get rid of any incompetent board members. Keep reading here, and you will find that difficult directors are pretty common.

If you want a bit of reassurance on the statutes, email a few HOA attorneys in your area with the section from the HOA statute and the section from the corporate statute. Ask how the seeming conflict is resolved. Some may be able to give you a quick answer to this. Also try the free legal clinics in your area. Go to the district courthouse and ask when these are.

Meanwhile, I think your HOA is vulnerable to a successful legal action against it. Not that anyone is going to pony up the money and time to file in court. But they could. If you have insurance, be prepared to put the insurer on notice. It's possible you might even be able to get some free legal help from the insurer.

KerryL1
(California)

Posts:6402


03/04/2019 3:58 PM  
Augustine's advice is good, Rebecca, even though it's not what you want.

I still don't see in your bylaws that you cited how Owners vote for officers.
RebeccaA6
(Arizona)

Posts:31


03/04/2019 5:01 PM  
They are elected at the yearly loa meeting.
KerryL1
(California)

Posts:6402


03/04/2019 5:13 PM  
I can see that officers are elected annually. that's the case in all HOAs I've heard of. But in all HOAs I've heard of, it's the directors who elect the officers. This often happens immediately after the meeting when the directors were elected. In CA, the meeting when directors elect officers is called an "Organization Meeting."

What I'm trying to say is that "B." of your bylaws does not say that members (Owners) elect officers. It does not say WHO elects officers. Since your own documents seem silent on this topic, you must abide by state statutes.

Is there another area of your bylaws or even your articles of incorporation that says how long officers serve? Two years is unusual for officers.
RebeccaA6
(Arizona)

Posts:31


03/05/2019 6:41 AM  
The offices are voted on by the members at the annual meeting.
KerryL1
(California)

Posts:6402


03/05/2019 8:52 AM  
You keep saying, Rebecca, officers are elected at the annual meeting, but why do you say that? Where is wording in your docs,ents, probably bylaws, that say OWNERS elect officers?
RebeccaA6
(Arizona)

Posts:31


03/05/2019 9:06 AM  
So in thinking about how to handle this. I think we should have ratified the vote that was made at the general membership meeting on the officers and document it then look at bringing our bylaws into compliance with NM Statute,

That way we don't violate the way the bylaws are written but also conform to the law.

They bylaws say we elect officers at the association meeting. So actually we are not in violation except for the fact that we have a ballot that lists who is running for what office. We are a very small association. Our bylaws used to say we elected officers at the first annual meeting of the board.

"1. The election of officers shall take place at the annual meeting of the Association Members"
AugustinD


Posts:1765


03/05/2019 9:12 AM  
Kerry, I tend to think the line, "The election of officers shall take place at the annual meeting of the Association Members" means that the election of officers could not take place at a board meeting. That is, board votes do not happen at the annual meeting. Only member votes (with proper notice of the agenda, of course).
JohnC46
(South Carolina)

Posts:8425


03/05/2019 9:13 AM  
While not common, it is not unheard of for members to vote Officers in. I know one social association where you run directly for President and others run to be on the BOD. Those that run directly for President and lose are not put on the BOD.

The ballot reads like vote for A or B or C or D for President.

Vote three of the following to be on the BOD: E or F or G or H.
RichardP13
(California)

Posts:3648


03/05/2019 9:50 AM  
Posted By AugustinD on 03/05/2019 9:12 AM
Kerry, I tend to think the line, "The election of officers shall take place at the annual meeting of the Association Members" means that the election of officers could not take place at a board meeting. That is, board votes do not happen at the annual meeting. Only member votes (with proper notice of the agenda, of course).



You might check some Bylaws. An organizational meeting, which Board members vote in officers happens at an Annual Meeting. I have conducted many of these over the past 10 years.

Been there, Done that
RebeccaA6
(Arizona)

Posts:31


03/05/2019 9:50 AM  
In New Mexico it states that the board members vote in their officers. If the board members all voted at the general meeting along with all of the (few) association members would that be considered legal?

Just trying to justify our bylaws as written. But we do need to clarify them better.
KerryL1
(California)

Posts:6402


03/05/2019 10:38 AM  
I agree that your interpretation of Rebecca's bylaws "makes sense," Augustine, but it seems to me to be a stretch since the bylaws don't specify that it's the members who vote for the officers, it feels really unsettled to me.
RebeccaA6
(Arizona)

Posts:31


03/05/2019 10:43 AM  
But, are we correct in assuming to follow the way our bylaws were written, that we voted for them at the annual meeting. The person that has taken over has disregarded them and said that they will be voted in at the first annual board meeting of the year. That is the way they were written before 2014. Can you legally change the way elections work to a set of bylaws that were voted on years ago and changed recently?
AugustinD


Posts:1765


03/05/2019 11:15 AM  
Rebecca, I think I see your point: Your HOA used to have the HOA membership elect the officers, and at the annual meeting. Now the HOA is aiming to comply with the 2013 New Mexico HOA statute, which (by my reading) requires the board to elect the officers. But this detail of when and where the board elects the officers is now hanging in the air. Correct?

Now and then nationwide state statutes (or even federal ones) can suddenly make void and unenforceable certain covenants. To be annoyingly pedantic, a prime example is when the U. S. Congress passed into law the Federal Fair Housing Act in 1968. Before then, many neighborhoods had covenants that allowed only Caucasians to buy into them. With the passage of the federal Fair Housing Act, every covenant that said, 'Caucasians only allowed in this neighborhood,' was voided and no longer enforceable. My point is that many a HOA has faced quandaries like yours. There is not enough time to amend the Bylaws to make sense. But there is time to start implementing the 2013 HOA statute.

First, do your Bylaws require the HOA officers to be chosen from the HOA's directors?

Second, Kerry is right that this is a bit unsettled, due to the circumstances of the new HOA statute and old Bylaws. I do not think it's a big deal to simply set the election of officers by the board for the first official board meeting. Or the board could set an organizational board meeting for right after the annual meeting of HOA members, or within a few days of same, if notice can be given in time. I tend to think it should be a board meeting open to the members. Naturally your Board should move quickly to elect officers, as the officers typically have duties vital to the proper functioning of the HOA. Maybe inform all candidates for the board that they need to think about whom they want for the officer positions, as the officers need to be elected way soon.


KerryL1
(California)

Posts:6402


03/05/2019 12:41 PM  
I think I went to see Rebecca answer Augustine's question: Must officers be directors?? Your bylaws should answer this question, Rebecca.
GeorgeS21
(Florida)

Posts:1243


03/05/2019 3:07 PM  
I'm going to predict that Rebecca's HOA membership will be voting for directors at their meeting, then the directors will be voting for the officers.

If it isn't done this way, at least per AZ law, the election is not "legal."

Rebecca - I don't believe there is any legal middle ground, here. It doesn't really matter what your new bylaws say - if they are not aligned with AZ law, AZ law wins.
KerryL1
(California)

Posts:6402


03/05/2019 3:21 PM  
I just noticed this: Rebecca wrote: "...we have a ballot that lists who is running for what office." I assume this ballot is based on the understanding of "B" of their bylaws.

But how are directors elected?? On this same ballot with the names on it?
RichardP13
(California)

Posts:3648


03/05/2019 4:29 PM  
Posted By GeorgeS21 on 03/05/2019 3:07 PM
I'm going to predict that Rebecca's HOA membership will be voting for directors at their meeting, then the directors will be voting for the officers.

If it isn't done this way, at least per AZ law, the election is not "legal."

Rebecca - I don't believe there is any legal middle ground, here. It doesn't really matter what your new bylaws say - if they are not aligned with AZ law, AZ law wins.



She is on an HOA Board in New Mexico

Been there, Done that
RichardP13
(California)

Posts:3648


03/05/2019 4:52 PM  
There are three parts of your Bylaws that you have to read carefully to put EVERYTHING into proper context. One, is the Annual Meeting itself. Two, is the election of directors, and the third is the election of officers. Based on what you posted, there is nothing that says the members choose the officers, what it says is they are elected at the annual meeting.

As I mentioned before, officers are elected or appointed at the annual meeting, during a portion set aside that is called an "organizational meeting".

The reorganization of officers is done annually at the annual meeting. It can be done as many times during the year as your heart desires. If this is what your understanding of the Bylaws, then the document is deeply flawed and possibly written by an amateur. For instance, what if the president and treasurer resign. Who appoints, the members or the board? What if the two the board may appoints aren't qualified?

The other issues to think about, because it is possible.

1. Directors may not have to be members or owners.
2. Officers may not have to be Directors.

Remember, the president, vice-president, secretary, treasurer or at large person doesn't cast a vote, the persons director does.

For instance, I manage a small association of 21 homes. There are three directors and 5 officers. You are not required to be a owner/member to be a director and except for president, none of the officers need be directors.

My suggestion, get someone qualified to read your Bylaws thoroughly. No one here, without see everything can give you sound advice, we're only guessing.

Been there, Done that
GeorgeS21
(Florida)

Posts:1243


03/05/2019 9:02 PM  
Whoops, thanks Richard.
JohnC46
(South Carolina)

Posts:8425


03/06/2019 9:16 AM  
Posted By RichardP13 on 03/05/2019 4:52 PM
There are three parts of your Bylaws that you have to read carefully to put EVERYTHING into proper context. One, is the Annual Meeting itself. Two, is the election of directors, and the third is the election of officers. Based on what you posted, there is nothing that says the members choose the officers, what it says is they are elected at the annual meeting.

As I mentioned before, officers are elected or appointed at the annual meeting, during a portion set aside that is called an "organizational meeting".

The reorganization of officers is done annually at the annual meeting. It can be done as many times during the year as your heart desires. If this is what your understanding of the Bylaws, then the document is deeply flawed and possibly written by an amateur. For instance, what if the president and treasurer resign. Who appoints, the members or the board? What if the two the board may appoints aren't qualified?

The other issues to think about, because it is possible.

1. Directors may not have to be members or owners.
2. Officers may not have to be Directors.

Remember, the president, vice-president, secretary, treasurer or at large person doesn't cast a vote, the persons director does.

For instance, I manage a small association of 21 homes. There are three directors and 5 officers. You are not required to be a owner/member to be a director and except for president, none of the officers need be directors.

My suggestion, get someone qualified to read your Bylaws thoroughly. No one here, without see everything can give you sound advice, we're only guessing.




I believe the above is Rebecca's problem. Either she has not fully read them or she is not capable of understanding them.

KerryL1
(California)

Posts:6402


03/06/2019 10:29 AM  
I also think that the bylaws were amended by someone who's not an HOA attorney. The language is too vague. Rebecca? Who amended (revised) your bylaws?
RichardP13
(California)

Posts:3648


03/06/2019 10:40 AM  
Posted By KerryL1 on 03/06/2019 10:29 AM
I also think that the bylaws were amended by someone who's not an HOA attorney. The language is too vague. Rebecca? Who amended (revised) your bylaws?



NEVER said it had to be written by an HOA attorney. Unfortunately, when done by such professionals, the problems arise. Just don't have them done by amateurs.

Been there, Done that
RebeccaA6
(Arizona)

Posts:31


03/06/2019 12:30 PM  

The original document was written by the developer. As time went on the association changed the bylaws as necessary. The problem I see is that we were people who had run associations but not HOA's. I do not believe an attorney was used.

The entire issue was handled wrong with one person forcing her ideas on others but not explaining why or were the information came from. they would never justify where their comment came from. We did not know it was a New Mexico statute as were told to look it up instead of being given the information. Once I researched all of the information and found the answer it made sense. This could all have been avoided if the person who pointed out that we were doing it wrong would have explained the problem she found and that we need to fix it. Instead their agenda and hunger for power got in the way.

I had to send a letter of cease and desist due to slander and harassment, due to extremely nasty unnecesary emails.

There is now little trust between several board members because of a personal agenda they have. We are a very small land owners association and a subdivision of undeveloped land in a very remote area.

The new people on the board have formed a click with themselves and some of the neighbors. One particular person, now the president, has said several times she hasn't met with anyone, which does not seem like it as there is too much familiarity with some other board members. She has also stated that she can talk to anyone anytime anywhere but not others.

Some of us are afraid that there will be favoritism on the board, well there actually is. One board member now VP is in blatant violation of the CC&R's. But when it was mentioned he should not run for office it was ignored.

I just don't want the LOA to be the organization we all moved out of town to get away from. I am thinking maybe I might serve our association better on the outside.

I am very sorry for the long email. But I think I just needed to vent and find ways to live with the coming storm.

Probably to frustrated to really care at this point.
RoyalP


Posts:0


03/06/2019 1:14 PM  
..... As noted above, Section 47-7E-1(C) of the Act states: "Except as provided in Sections 4 and 8 of the Homeowner Association Act, that act does not invalidate existing provisions of the article of incorporation, declaration, bylaws or rules of a homeowner association created before July 1, 2013." This means that Sections 4 and 8 apply regardless of when the HOA was created. By contrast, Section 5, for one, does not apply to HOAs created before 2013 that have wording in their articles of incorporation, declaration, bylaws or rules that are different from Section 5.

Section 8 of the Act states, in part, that "The board shall elect the officers." Section 8 invalidates whatever is in a HOA's governing documents that differs from Section 8, regardless of when the HOA was created. .....


END OF CASE

... complex, not complicated ...
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Forums > Homeowner Association > HOA Discussions > Board member did not like the approved bylaws



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