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| Tuesday, December 02, 2008
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| Author |
Messages |
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SheltonO
(North Carolina)
Posts:4
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| 08/06/2006 12:53 PM |
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1.)In our June 2006 HOA meeting, the members voted to terminate the contract of the current property manager, if he did not show up at a HOA meeting with 30 days of June 26,2006. He refused to agree to appear at the HOA meeting and virtually has ignored the vote of the HOA.
After the July 26 deadline passed, he said in a email correspondence that nobody ever informed him of this request and the board of direcertors has never told him his job was in jeopardy. Therefore his contract has been terminated in accordance with the vote of the members of the HOA.
2.)He has refused to release HOA financial or meeting records to any HOA member despite many lawful requests. This is a violation of the NC General Statues Chapter 47f, NC planned community Act. He must turn all records over to the association and give up financial control of the Home Owner's Association Bank Account. He by law is required to keep accurate meeting and financial records and release with them upon request from a member or his/her authorized representative.
3.) Our President has been derelict and negligent in carrying out the duties of President of HOA. She has refused to carry out the votes and wishes of the members. She has refused to enforce the votes and wishes of the HOA and terminate the MC. Many members have asked her to fulfill her duties and she has refused. This also is a violation of NC Statues Chapter 47f as well as Chapter 58, regarding duties of officers of HOA and non -profit organizations. Can someone please help us. |
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RogerB
(Colorado)
Posts:3702
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| 08/06/2006 1:24 PM |
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Shelton, what does the Management Agreement state regarding term and right to terminate early? It may allow the MC to continue no matter how the members vote. If it does you may have to pay the MC through the term of the Agreement (or negotiate a lesser amount) in order to get them to terminate early and get your records.
Perhaps no authorized person provided notice in writting to the MC. Particularly if your President refused to terminate the MC. So first make sure the association has complied with the Management Agreement. Then have an attorney contact the MC and advise they have 10 days to turn over all records of the Association and if they are not received the MC will be charged for the costs to obtain the records and/or create new records. Those Board members who are signers on the bank accounts can close the accounts and open new accounts. The Board can hire another MC and have them reconstruct to the degree possible the financial record; compile names and addresses of the members; notify members and vendors of the change in MC; notify the Secretary of State of the change in Registered Agent. We have been the new MC and done this in the past.
Also, if the President refuses to do her job she should be replaced. |
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