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Subject: Next step: Annual Members Meeting on Tuesday-
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TeriQ
(Wyoming)

Posts:22


10/24/2019 8:50 PM  
Who has proxies? From whom? Who is attending? What is actually on the agenda? We did not receive a budget with the announcement. There are zero Board notes from throughout the year. Do any of your HOA's meet more than before the Members Meeting? Ours does not. "We are volunteers" and cannot be expected to be more involved than this. Give us advice from all of you who have read on my threads. I have requested an examination of 'books, records & papers' of the HOA since 2002. Freeze-out, no responses, no acknowledgment. Help me walk into a meeting of haters, and know-nothing lot owners.
DouglasK1
(Florida)

Posts:1466


10/25/2019 8:56 AM  
State law can have some bearing, but less populous states tend to have fewer laws governing associations so general non-profit corp law governs.

Most commonly the board gathers, holds, and votes proxies, but in most cases anyone can gather and vote proxies. It seems to me that your two main options would be to:
1) campaign heavily for yourself and like minded members and get out the vote to get a better board in place. This could involve gathering proxies yourself.
2) Sue for anything they are doing in contravention of your governing docs and state law.

As far as records, this varies by state but it is very likely they would not need to be kept back to 2002. In my state, the law is that most records need to be kept for 7 years, so we would only need to have records back to 2012 and in reality (due to a secretary who didn't keep or lost records) we have some gaps during that period too.


Escaped former treasurer and director of a self managed association.
KerryL1
(California)

Posts:6735


10/25/2019 9:04 AM  
In CA, other than meeting minutes, only records form this year + the last two years are available for Owners inspection.
KerryL1
(California)

Posts:6735


10/25/2019 9:04 AM  
In CA, other than meeting minutes, only records form this year + the last two years are available for Owners inspection.
JohnC46
(South Carolina)

Posts:8911


10/25/2019 10:05 AM  
Teri

I consider requesting all records since 2002 to be a witch hunt. You are killing yourself.
MarkW18
(Florida)

Posts:304


10/25/2019 10:19 AM  
Posted By KerryL1 on 10/25/2019 9:04 AM
In CA, other than meeting minutes, only records form this year + the last two years are available for Owners inspection.



Really? I was looking for some statue but only could find an attorney's opinion.
KerryL1
(California)

Posts:6735


10/25/2019 10:37 AM  
I think you've cited davis-stirling.com previously. It's there including the Civil code itself. No time to look right now.
KerryL1
(California)

Posts:6735


10/25/2019 10:57 AM  

D-S.com: "records subject to Inspection"

"Current & Two Prior Years. Except for minutes which are permanently available, associations need only produce records for the current fiscal year and two previous fiscal years. (Civ. Code §5210(a).)..."

DonaldT4
(Massachusetts)

Posts:7


10/25/2019 1:03 PM  
I have no idea if OP is right or wrong, but she is almost certain to be on the short end of getting anywhere with her approach.

An owner who came to our board and requested "an examination of 'books, records & papers' of the HOA since 2002" would be treated with the response that such a request deserves.
KerryL1
(California)

Posts:6735


10/25/2019 1:11 PM  
Teri, often meetings of the membership --Members Meetings-- are held only once a year and usually for the election of some directors. See you rblylaws.

Board of directors meetings --Board Meetings-- depending on the size of the HOA might meet quarterly or as often as monthly. This should be specified in your bylaws.

Our annual Meeting (of the Members & election) also is on Tuesday, 10/29 and, as pr CA Civil Code the Agenda was posted in our public spaces today. They're also in the protected area of our website. But your bylaws or WY statutes might require something different.

Do your governing documents require that owners have copies of the proposed budget? Or are you on the board (sorry, I won't be reading your other posts). If so, does n't th board vote on it at a board meeting?
TimB4
(Virginia)

Posts:16555


10/26/2019 8:04 AM  
Posted By TeriQ on 10/24/2019 8:50 PM

Help me walk into a meeting of haters, and know-nothing lot owners.




You get a lot more flies with honey then vinegar.


If you are adverserial, you will likely give the perception that it's a personality conflict.

Ask questions seeking advice from the board.

Example:

Is my understanding of the Bylaws correct that members can review the financials? Follow up: How would I go about arranging that?


MelissaP1
(Alabama)

Posts:8768


10/26/2019 8:26 AM  
Why would one need documents going back to 2002? Even the IRS doesn't go that far in their records requests. I think they only go back maybe 5 - 7 years. Even large corporations I've worked for never went back further than 10 years max.

If you can't find your answers/solutions in todays records your certainly not to find it in the past.

Most important thing to do in the meeting is to listen and observe. Don't jump to any conclusions. Learn your rules by reading the by-laws/CC&R's/Articles of Incorporation. Heck maybe bring a copy with you. Don't expect immediate answers. Do not expect meeting notes until atleast next meeting or weeks after.

This is a room of VOLUNTEERS who are willing to do something for their neighborhood. Maybe look at the possibility of you doing the same.

Former HOA President
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