We pay for HOA's but get no enforcement.

Started by KadieW • 5 replies • 1122 views

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KadieW (Utah)
Posts: 1

Posted:

I live in southern Utah. We have about 50 units in our HOA. Our president has no meeting nor does he care about what goes on here. He said he own's the most units so he rules. What are our options as far as getting him out or getting him to enforce what he files as CCR's? Kadie

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By KadieW on 06/09/2008 12:31 PM
I live in southern Utah. We have about 50 units in our HOA. Our president has no meeting nor does he care about what goes on here. He said he own's the most units so he rules. What are our options as far as getting him out or getting him to enforce what he files as CCR's? Kadie

Kadie,

The pres. only has more clout when the members vote, then he most likely is able to cast a vote for each property he owns. However, as a board member, he only gets one vote. How many members are on the board? Why do they let him do as he pleases. Apparently they don't realize he is not the boss, he doesn't have any more authority as a board member than they do. Until they realize this and take some action to curtail his arrogance, nothing will change. If you are a board member, I urge you to speak to the other board members to make some changes. The first change would be to remove him as President, unless, of course the officers are elected by the members. If you are not a board member, perhaps you can still speak to the other board members (are you friendly with them?) and clue them in. If your assn. is to run smoothly and effectively, you need to have strong leadership that is willing to enforce the CCRs, handle delinquencies and make certain the maint. of the common areas is taken care of.

GloriaM (North Carolina)
Posts: 829

Posted:

Kadie:

Your governing documents should state in the beginning that the board has a duty to ensure the safety and property values. I would encourage them to follow your governing documents because they are enforceable in a court of law.

KirkW1 (Texas)
Posts: 1,665

Posted:

Kadie,

There is good an bad news here. The good news is that you can force the president to do his job regardless of how many lots he owns. (Is he the declarant by the way?) The bad news is that it will cost a lot of money to force him to do his job. You may wish to cut your losses and find another house.

EllenS1 (Florida)
Posts: 1,148

Posted:

As president he has only one vote at board meetings. How many people are on your board? They can call a meeting but before they do examine your docs. There should be a procedure to get him off the board and appoint a new president.

StevenW3 (Oklahoma)
Posts: 64

Posted:

While not exactly in your particular position with the President owning a number of units, I am in an HOA where the covenents/restrictions are essentially ignored or very very selectively enforced. Now that I'm on the board, I trying to get things enforced one way or the other. I've taken to using the local city/state ordinances where violations can be enforced. So far it is working and the board/President cannot do a thing about it cause the city is taking the action.

As mentioned get the other board members on your side and get them to act.

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