Directors, Election of

Jimmy,

Usually the Bylaws have the procedure on electing directors. Some Associations, if incorporated, might also have this information within their Articles of Incorporation. If the information isn't in any of these documents, your State HOA laws or (if incorporated) your States Corporation or Non-profit Corporation laws might also have it. I would check your Bylaws first (contact your Association for a copy if you don't have them).

As an FYI, most Associations have the following documents (but specifics can vary widely between Associations:

Articles of Incorporation (if they are incorporated)
Creates the Association as a legal corporation.

Declaration of Covenants, Conditions and Restrictions
Normally establishes info on Assessments and identifies any conditions or restrictions all members agree to when purchasing a lot/home/unit within the Association.

Bylaws
Identifies the procedures used to run the Association. Might also contain additional restrictions or clarify anything in the CC&Rs.

Policy Resolutions
Items of policy adopted by various Boards of your Association. They may include enforcement procedures, additional guidelines, clarification on different issues, etc.

There can be much more or even less in what each document contains. It is based on existing State laws and, if incorporated, where the Association is incorporated at. I tried to be very general in my descriptions as I just wanted to give an idea of what could be contained in each docuement. If you don't have a copy of each, I would suggest that you get one from your Association. If they have a web site, they may even be posted there.

Hope this helps,

Tim

Jimmy,

Additional information: If your Association is incorporated and does not have election information in your documents the following would apply (Again, only if your Association is incorporated):

§ 17-19-804. Election, designation and appointment of directors.

(a) If the corporation has members, all the directors, except the initial directors, shall be elected at the first annual meeting of members, and at each annual meeting thereafter, unless the articles or bylaws provide some other time or method of election, or provide that some of the directors are appointed by some other person or designated.

(b) If the corporation does not have members, all the directors, except the initial directors, shall be elected, appointed or designated as provided in the articles or bylaws. If no method of designation or appointment is set forth in the articles or bylaws, the directors, other than the initial directors, shall be elected by the board.

(Laws 1992, ch. 53, § 1.)

Tim

Jim,

I should again point out that this law only applies if your governing documents do not address elections. What do your bylaws say?

Tim

This HOA has no bylaws only CC&R. It has been inactive for 15 years to the benefit of all concerned. Then along comes this Realtor/Owner saying that oh no, you must get your house in order. It is not the CC&R's that are the problem, it is a Realtor that has nothing to do. This party pops up saying this and doing that and no force in law for these actions. No one has voted, no quorums can been met, no Directors have been elected in years. This has worked just fine with this community until now. So today we have neighbor ignoring neighbor, neighbor not talking to neighbor, strife among differing parts of the community.

The problem is not the HOA, but a Realtor that cannot be trusted to do anything but stir people up. No problems before, now everyone at everyone's throat.

I can quit and just walk away, but if they come up to my house and tell me my trees violate the CC&R's, who do I have to blame?

Jimmy

No bylaws. The CC&R gives us all. There are no election procedure that I and several others have found. The reason for the HOA is that the State of Wyoming passed a law that no subdivision could take place without an HOA. Otherwise we do not have need for one.

There have been no directors for this 15 year period. No one wanted the job as they did not come here to hassle their neighbor, but to fish, hunt and play in the woods. Most members at this HOA would raise hell if anyone tried to get a dime out of them for any assessment of any kind. We have no bills. No Secretary, no treasure, no common grounds or shared anything, no nobody. Each homeowner gets a CC&R from a Realtor that sells property here, they abide by it by themselves. No one has had to enforce anything in all this time. The Realtor is a member of the HOA as he is the one that pushed all the buttons. We could well do without his input. Again let me say there is no real need for a HOA except that the Wyoming State Statutes requires real estate developers to have one on any sub dividable property.

There are three subdivisions in the local area, one that really needs help as it is out side the city limits, up in the mountains and no water. Guess who pays for the water. They pay for their road to the subdivision too, all for a million dollar view. There is a second one that was controlled by the subdivider as she had the majority of the land ownership. It is a mess.
It has caused people to not buy real estate in her area. Then there is us. We are in the town limits so we get all utilities of all kinds, the streets are maintained as in town, we pay property taxes for all this through the town and county.

We have no board of directors and have not had any for many a year. There was never anyone that had the time to play with their neighbor who they could care less for. Most want to be left alone. The State of Wyoming says if there are no other documents then state law takes over.
We go to Corporations Law and follow Wyoming Statutes.

Jimmy,
I picked this off the reference Library on the CAN sponsor site, to the left, this page, highlighted in yellow. I post it only as a FYI.

I imagine you have looked at this. Something has caused you to go from a Purported document to there is no HOA effective or sanctioned today. I don't know how current this statute is but it may be of some help.

http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title34/Title34.htm

I went to this URL and it led me to Find Law and a whole mess of things.
If I feel like looking at this page I will do so tomorrow.
I have already spent too much time over a small problem and MaMa says we do not have enough time left on earth to give a damn about some HOA that we will never have to deal with. Just a thought. Sorta like ignoring obama cause we will be gone soon and who cares. Damn.

Jimmy,

I took a look at the statute -- I would never have found it as it's under "Counties". Here's the excerpt that applies but it does NOT say an HOA SHALL be formed only that ". . .The entities that MAY (emphasis mine) be used include . . . homeowners associations. . .". Therefore, I see no reason why your HOA cannot be dissolved since assessments are not being levied and there are no common areas to maintain. In fact are you completely sure there even is an HOA incorporated as a nonprofit? Also note that recorded covenants (CCRs) are a requirement. When properties have recorded covenants but there is no HOA, whether mandatory or voluneer, each individual property owner has the right to enforce the covenants.

Hope this added info helps you!

"18-5-306(xii) Evidence that all parcels of land created by the subdivision will be subject to written and recorded covenants or other instruments creating an entity, binding on subsequent owners of the land within the subdivision. The entities that may be used include, but are not limited to, special improvement districts, homeowners associations and mutual benefit corporations. The board shall not mandate the creation of an entity with the ability to interfere with any owner's ability to use his private property, except to collect any assessment. The entity shall have the ability to address the following topics:

"(A) Maintenance and responsibility for common areas, roads and water supply systems and assessments against all parcels of land in the subdivision to defray the costs thereof;

"(B) Continued management of the entity."