HOA NEEDS HELP

Hello, Our HOA needs help with alot of questions re: our BOD and management. We believe that there is a lot of illegal things they are doing but we need to know for sure. Here are a few examples.

I have a question I hope you can answer for me. Last January 2007 our Home Owners Association
Had the regular scheduled members meeting for our elections? However there was not enough to have a Quorum. Can you tell me if the people that ran for office seats on the board were elected there legally?
In other words should they have had another meeting to get a quorum?
I really need some help with this Association. They do so many illegal things. I do not know who to report them to. Can you help me with that? Is there some type of investigation that the State can step in and check on them? E.G.: they hire lawn people who have **NO workers compensation insurance and the lawn people hire residents to work their machinery and pay them on the side. Isn't this putting our Association at risk for insurance problems? (**I have just learned that the lawn company finally got their insurance.)
They forge signatures on petitions (the President) as to which I have proof of. And the managment company was aware of this but did nothing. They said the petition was to still go out.
They have been running a 7 person board with only 4 people since Sept of 07 because 3 board members resigned because they didn't like what was going on. They never tried to replace them at all. There is so much I can go on and on. But let's try one at a time.

So for now.

MY MAIN QUESTION IS WAS THIS ELECTION LEGAL?
I would appreciate any help you can give me. Our New elections are coming up and I feel we are going to have the same problem.

Theresa,
Tell us if you are a Lone Ranger or do you have some supporting network. Say, all you say is true; you will need power to move the present Board. Power is members, power is organization, power is doing the right thing and money may be needed. Don't beat a dead dog, network the neighbors, don't do it alone, work until you all feel comfortable walking into a Board meeting, call a point of order and get it all on the table in an open venue. Then go back with your group and see what you got, maybe you all can work together if you all would be convinced that the thing you all have in common is to "Protect the Real Property" of your association. That is step #1. Nothing else should be on anyone's agenda other than step #1.

It's not complicated. It is just like your home, protect the family and what the family has. Protect the association and what the association has.
Your documents are of great importance and demand the respect of all. The documents are also flexible and can be changed (attitude adjustment).

Tereasa:

A quorum is not only met by the attendance of persons, but by proxy ballot. Therefore if they had enough proxies to reach the required quorum, then it was legal.

Perhaps you should run for the board so that you can see if your suspicions are correct. Many HO's believe there is illegal activity because they do not know and see all of things that go on behind the scenes.

I wasn't there, but many associations have a rule that if a quorum is not aviailable at a meeting, a reduced number is quorum for the next meeting, often working down to just a couple of people. What was the quorum status of the previous several meetings, and what do you documents say about this?

And, as another poster has pointed out, don't overlook proxies.

I think too, you would be much happier if you looked at the needs of your association, and then how well the board is meeting them. That's why they are there, not to be second guessed on everything they do. I would never say we would ever now, or ever did not follow the law in all particulars, but sometimes it's more important to get a job done and at a reasonable time and cost. Maybe, if they are doing a good job, you might cut them a bit more slack before you form your judgments.

Finally, the best way to make sure things go as close to the way you want them as they can, you can get on the board. Few associations are overwhelmed by candidates, and few sitting back judging have the first clue about the nature or extent of the effort and committment that the board requires to function at all.

Food for thought....

Teresa,
Let's be blunt. DO NOT post allegations of illegal acts on the Internet.
Period.

Do you want someone to solve your problems? Is that what you are asking?

Or do you want to know how your association with the concern of the owners can solve their problems?

Do you all feel you must go to the courts or do you want to take a stand and stop letting someone push you all around?

You say there are plenty of concerned people there that don't like what is going on. Get them together, hear what they have to say, form an organization, produce a mission statement, and do it all in the open. Elect officers, assign tasks to many, have another meeting, start an e-mail circle, talk openly about it but do not accuse. Instead of old what's her name did..........say; I think we should follow our supporting documents and request to look at certain books of the association, who wants to find out how we do this?

Incidently, your PM works for the Board, not the other way around, and they are using your money to do it.

Get some organization started and do this thing right, don't shoot yourselve in the foot, and we can help in the process.

There are 3 sayings that I like that relates to HOA's and voluteering for board positions or committees. Teresa IMHO by staying on the board and finding ways to resolve the issue would have been the better way of making an impact within the community.

You would have been privy to those "behind the scenes" things that I spoke about in my previous post. It is those people who when it gets tough, the tough get going. It is always easier to ridicule, then to hang in there during the tough times and make a difference in the community. Its a thankless job, but its your investment.

“Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws” - Plato 427-347 BD

“Never doubt that a small group of thoughtful committed citizens can change the world. Indeed it is the only thing that ever has." - Margaret Mead

“All truth passes through 3 phases: First, it is ridiculed. Second, it is violently opposed, and Third, it is accepted as self-evident.” — Arthur Schopenhauer

TeresaH4: Since concerns are still present over last year's election, and you are afraid the 'same problem' will occur for this year's election, why not offer to be part of the appointed committee to oversee the election process? That way, your membership as an owner, though not on-site, still affords you the 'hands on' of a legal and proper election.

Your docs may dictate the election process to follow for your assn and if you were involved, you could ensure they are carried out. If no process is dictated, it is always well to appoint residents to act as vote-counter and vote-recorder to tally the votes at the meeting--but obviously, not to appoint one who is also a Board-nominee. Something to consider....