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| Wednesday, February 08, 2012
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ThelmaB
(Tennessee)
Posts:29
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| 09/01/2010 4:56 AM |
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| our assoc. pays a 39% from our monthly dues, to the Master assoc. we are told by our Manager that our Board is not allowed to have a copy of the Master Assoc. covenants & Rules, also the manager does not file a separate Annual Report for our Assoc., only files for the Master Assoc. Is that a correct way to do that? Thanks for any and all responses. |
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MaryA1
Posts:0
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| 09/01/2010 6:55 AM |
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Thelma,
I believe your manager is wrong on both counts.
If your board does not have a copy of the master assn's governing documents how can you abide by them? These gov. docs are enforceable on every HOA within the master assn. In fact that also applies to all the members of your HOA.
An annual report is most likely required of every corp. in the state; therefore if your assn is incorporated as a nonprofit corp, separate from the master assn, then an annual report is most likely required of your assn. This can be checked out very easily by contacting your corporation commission. |
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DonnaS
(Tennessee)
Posts:5671
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| 09/01/2010 7:23 AM |
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Thelma,
Your manager is dead wrong. Every sub association has a set of it's own governing documents along with the Master Association documents. Depending on how the Master is written, your association may not have different rules or bylaws that contradict the Master as for shared grounds and elements (entrances, roadways, park areas, etc.) They may differ perhaps in Board member numbers, enforcement, even perhaps ARC rules but the Master documents have heirarchy over any sub association. She also needs to file seperate reports for each association within the Master. I think that she has just gotten away with doing her job easily and no one has called her on it. But I reccomend that you read your own documents (CC&Rs) to find out what is the corellation between the Master and your subsection. |
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ThelmaB
(Tennessee)
Posts:29
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| 09/01/2010 8:40 AM |
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| I so appreciate your responses. I have spent over $300.00 on Books,etc. on HOA.plus learning from all you guys on HOATALK.COM., plus calls to the state. I pretty much have all my answers now. I care so much for my community and I enjoy being on the Board. I just found out through all my calls. the Manager has not filed annual reports with the state, only the Master Assoc. and we are a corporation. Thanks |
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SteveM9
(Massachusetts)
Posts:1442
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| 09/01/2010 5:12 PM |
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our Board is not allowed to have a copy of the Master Assoc. covenants & Rules
Stop by the town hall/city hall. They probably have them on file. Property manager is lying to you. |
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DonnaS
(Tennessee)
Posts:5671
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| 09/01/2010 6:15 PM |
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Thelma,
The County Register Of Deeds office will be where they are in Tennessee or if they do not, you can go on line and check with the State of Tennessee , Secretary of State, Corporations Section and do a search there or
Mail a request to Tennessee Secretary Of State
312 Rosa L. Parks Avenue ( 8th Ave.)
William R. Snodgrass Tower, 6th Floor
Nashville Tn. 37243
What City are you in? |
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