Correspondence

This should have been done at a meeting and appear in the minutes. I guess you believe they will try and lead you to believe that it magically happened?

You should be aware that the choice is NOT a problem if handled properly. If this person participated in a sealed bid process and the Treasurer recused him or herself from the vote it can be all on the up and up.

Do your documents outline the procedures for hiring staff and contractors?

Do they mandate multiple bids? Is there an annual budget that they must work with?

If not, the Board is simply hiring who they want.

Do your other HO know about this "clan" that is running your association?
(hiring relatives of Board members is NOT prohibited, but really should go thru the bidding process)

Solution? You can work to get some people elected to the Board next time, if this bothers the HO. But really, most folks just want the job done.

As a member, you have the right to see the official minutes of the meeting. Emails and other communications - unless written up as minutes - are not privy to others, as they are simply conversations. (That's a whole 'nuther subject as to whether Board members can conduct businsess over email)

Attend the meetings and listen to what is happening. Let other HO know and get their imput.

So why is the treasurer still in office? Why is the president? Hello?? If you don't like the job they do then vote them off. Spend time collecting the proxy votes. A small dedicated group can easily change the course of an HOA.

ParkP,
After reading this thread over, here's a couple observtions. Your spouse MADE you quit the Board, if I read right. If so, get it right before you go much further. You need them, badly, this is not going to be a fun trip and will require understanding and help from the marraige. Please.
That also points out the need for all the support you can get, and you can not get too much. As you solicite the neighbors they are going to want you to lead. That's not all bad, someone has to.
Request the associations mailing list and request any office help you can think up from the current management, and make this all in writing with a reply requested. They will turn you down, but that don't mean you don't have the right to their records and mailing list, you do indeed and should make an effort to obtain them. Youi can see the benefits of this, just keep good records. You will be perceived as the enemy, don't let them get away with that and justify everything that you do with your documents, and don't be afraid to explain your position is completely legal and is in fact, your written responsibility as a owner/member as outlined in your documents. Be open, be friendly, be strong and be right.

Hi i had sent two letters requesting to reveiw booksand set a day up to do so. There was no one around. They are sending out proxies to annual meeting.they just pur June & july minute but not May minute yet.They want control and yet be in violation having pole garage and having basketball hoopout near street 365 days a year . The list could go on and on.Bylaws red we have the right to reveiw books, copies atreasonable cost. the reason everyone is still on the board we found all this out in July.

Park,

I would suggest reading the proxy supplied by the board very carefully. Oftentimes the proxy states it can only be given to a board member. If yours is worded this way then you cannot gather proxies from members who do not wish to attend the meeting. I'm not sure what the legalites are regarding proxies, i.e., whether you can provide your own even if the assn provides the type I mention above. However, if the board chooses not to accept your proxy the only way to object would be through a court action. It would be much better to be prepared with a plan B. That plan B would be to convince the members of the dire importance to attend the meeting and cast their own vote. If the members aren't concerned, then there isn't much you can do about it.

I would certainly pay several hundred dollars for a legal opinion should they attempt such a maneuver. I simply don't believe it would be legal. It is likely to violate a number of state and federal acts regarding cooperate governance. It would also have to be in the corporation papers that this restriction is in place. A simple resolution would in itself be a breach of fiduciary responsibility.

I would however, try to fly under the radar with the proxy collection. I would not engage the board any more then absolutely necessary. I wouldn't ask any more about meeting minutes. I would not request to see any documents. If you need something go look for a filing. I would go about talking to people about becoming involved and requesting they sign a proxy. If their proxy has no place for another person to be assigned, then make one like it with your name instead.

Make sure that everyone who signs the proxy has their name and address printed legibly and signs as well. Then take a witness with you to the meeting.

If they do dis-allow your proxies, then I would see if anyone is willing to share the cost of a suit against the board. I would also notify the insurance company that you intend to seek justice for their breach of duty and law.

Park,
You have received some good advice so far, but you are barely scrtching the surface. Instincttively, we know this is going to be the case with you, because it has been for most all of us. At some point we were sitting in your same seat, giving a critical eye to the Board and asking what you thought was a simp-le explanation for a rational question. You can see how disruptive it isfor you not to accept the party line. So you ask another question that is plainly covered in your documents, what could be simplier. We you are begining to sense something is going on, so you inquire if the process is legal. And down, down you go, into the black hole and probably ending up just as we that post here are.
Take your time Park, this is not a sprint, it is a marathon and you have to be te marathoner. Chew in little bites, but keep chewing, the game is lost when all the little guys stop chewing. We can't do it for you, but we can help you get to where you want to go, and if it turns out, you are taking the wrong direction, we will drop you like a hot potatoe and move on to someone else.