Mismanaged board

We are a small residential communty that really does not need an HOA as we have no amenities.
Our CC&R's state one vote per household UNLESS another property is owned. Despite this rule, we have 2 homosexual couples residing on the board, voting as individuals: They are controlling the board. Further the meetings have no agendas distributed. Meetings are based on what the president decides to discuss.
BUT most importantly, this Board does not see that all homeowners abide by the rules, instead the board only goes after people they do not like, to enforce the rules...
Where can we as board members, who want to run our association correctly, get help?

SharonD, your note indicates you do have and do need an HOA. And be careful not to discriminate! Homosexuality is not a factor. Since there is only be one vote per unit, only one owner of a unit should serve on the board. If two owners of a unit are on the board than request that one resign.

Work to remove the problem of biased enforcement and until it is corrected make sure all board actions are carefully documented in a manner which will protect from individual legal liability those board members who are acting in good faith and showing good business judgement. If an officer is not doing their job, remove them from office. For board members not doing a good job, have them replaced by the members of the association.

Wait just a minute.
The one vote per unit rule ordinarily applies only to voting on issues appropriate to an owners' meeting (such as election of directors). But you cannot extend that to a board meeting without specifically consulting what the bylaws say about the make-up of the board.
Often directors do not have to be members. Often persons who cannot vote in a membership meeting can hold office and vote on board issues.
If the members have properly elected both owners of a unit to positions of director, they are both board members and are both entitled to vote on board issues.
If the membership chose to elect two persons from the same household to the board, I see no reason for one to resign.

Our CC&R's state: 1 vote per household. If 2 women, 2 men, husband and wife live in one house it is 1 vote. If we allow both: that is 2 votes for 1 house which gives them more control. I agree with the other reply: one should resign.

"Properly elected" in your situation is only ONE vote per household. The household must determine how that vote is to be cast. Based on your reading of the Declarations, there is nothing about "at large" or anything else. Period! The members of the Association (of which there is one per household owner) will elect the Directors. Then, the Directors then elect the 4 officers.

Lose the "homosexual" tag ! ! ! ! They probably have more rights than you do under law. One property = One vote. Period. And two equals two, etc. Co-owners, kids, and parakeets don't get a vote.

Who can help? A lawyer who specializes in Associations. It sounds like there is deliberate wrongdoing, which allows a lawsuit, even if there is indemnification in the CC&Rs, I think.

After talking to a lawyer, tell them you have talked to a lawyer, are considering a lawsuit, and that all costs will be assessed to them if they are found to be in the wrong.

This will either scare them out of power with resignations, or cause them to target you. Both are good outcomes if you keep all records and receipts, etc. Once you document being singled out because you want the CC&Rs enforced in a legal and fair way, they are very, very vulnerable. Get with other owners who are singled out to build a stronger case and share costs until you are repaid through the courts.

Now, check to see what limitations on free speech are in the CC&Rs. Obviously slander and libel are not protected, so watch out. If the topic of "hate crimes" comes up, this is how I see it: What you THINK, about ANYTHING, has to be protected from being a hate crime if what you SAY is protected by the Bill of Rights. Obviously, thinking is less harmful than speaking whatever might be "hateful". If you see white guys dressed in sheets beating up some Catholics children, I'm sure it would be fine to say derogatory things about the Klan as you try to break up a one-sided fight by pushing the white-clad idiots away physically. But only the ACLU might get behind you on that if "protected groups" are involved. There are many common situations where you voluntarily give up part of your rights to free speech. Not giving out your employer's proprietary info is one. Not communicating military classified information is another. These are things you voluntarily agree to give up when signing employment papers, etc. So be very deliberate in what you say and do, but don't let your lack of caution torpedo you. If you must vocalize about some group, pick the NY Yankees or Hillary or cops with radar, non of whom will want to make a big thing about it.

Like they used to say at the start of every episode of Hill Street Blues -- "Let's be careful out there." Unjust individuals should not hide behind their skin or religion or sexuality or political preferences, because it should always be about an unjust situation or person, and not the other descriptors.

Good luck, and keep us informed!!!!!

Take a step backward...read your Covenants and read your State law. Knowledge is power.

In our state (Illinois) it depends on what kind of Association (community or condo) and status as PUD or not as to whether you are even bound by the applicable state law. As we are not a PUD we do not need to have more than one meeting per year (per our covenants), distribute an agenda, and a whole host of other presumed items. We do these things anyway because we think we should!

I agree- the 'couples' on the Board should not be there. One per household is reasonable. Has anyone (or group) contacted the Board with their concerns? Rather than go in fighting, it would be the logical place to start. Afterall...if you do as suggested by another and cause a ruckus at a meeting by going in (loudly on the offensive), you still have to live in the same neighborhood with these people and you become the 'problem' and a 'target'.

If the concerns are not addressed and it is clear that nothing will change, then I am all for proceeding with informing you neighbors, presenting your case forcefully at a meeting, etc. Lawyers should be a last resort.

Best of Luck,
Lisa

Thank you for your response. I used "homosexual" ONLY because the Boards I have been with in the past do not allow husband and wife to be on the same board as it gives too much power to one unit..........so should we allow partners of the same sex acting as husband and wife to have double power? Has nothing to do with sexual preference: just rules..
Hate crime? The irony is: these two have commited the "crimes" because they "hated" heterosexuals....." I will leave that....
Your comment " Lose the "homosexual" tag ! ! ! ! They probably have more rights than you do under law. Well you know what...anybody who has "more rights" than another? A sad commentary on our world.