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JeannetteM (Wisconsin)
Posts: 1
Posted:
PART 1: 2 years ago I bought a home in a nice subdivision in Wisconsin, only to find out after living there 6 months that I was now a part of an Association. This was no disclosed at the closing nor were there any documents stating there was an Association

PART 2: After attending an annual meeting, I found out that there are about 200 homes in this subdivision of 845 that are not part of the Association, but benefit from what the Association does. Can this be legal?

Part 3: There are some homeowners at the Annual Meeting that would like to see the Association disolved. There really is no need to have an Association. The properties are owned by the homeowners. There is no common areas as there are in Townhome/Condo type subdivisions. What are the best steps in disolving an association?

Part 4: I question the way the meeting was held and asked if there are following the guidlines of Roberts Rules of Order. I was told that they do not use Roberts Rules of order. Is that something that can be done? I have been aquainted with HOA in the past and even served a short time on the BOD. I have never heard of meeting being held without Following Parlimentary Procedures/Roberts Rules of Order.

Part 5: There are 4 members that make up the BOD and only 2 were at the meeting. I thought that in order to conduct a meeting a quorum is necessary.
RogerB (Colorado)
Posts: 5,067
Posted:
Jeannette, the answers to your questions should be in your Declaration and By-laws.

1. Are you sure you did not receive the Declaration? It may be buried in all the papers received at closing.

2. Get a copy of the Declaration and the plat to determine the facts and probably the answer to your question.

3. Read your Declaration to determine if it is possible to disolve the HOA and the process for doing so.

4. Read your By-laws to determine if Robert's Rules of Order are to be followed. If no parlimentary procedures are defined in the By-laws then I would try to get them amended to use Robert's Rules of Order. You could also check Wisconsin statutes.

5. At a members meeting the quorum is based on owners. At a Board meeting it probably would require 3 of the 4. Check your Bylaws.

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