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Subject: Help!! with a capital H
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01/31/2006 6:03 PM  
hi my names Trisha and i am in need of some serious help. i have not understood much of how the associations work because ours is so messed up it's not funny. i live in an 18 unit townhouse association. not once has a meeting been held correctly or a board that was in understandings of what there job was. we also have had to deal with our board members changing over 15 times in 5 years because of resigning etc. we have had two owners from the units doing the jobs of all board staff for the past two years and they are now turning the board over again. we had a meeting and there was no quorum but they voted a new board anyways. i was wondering if someone could help me with this, i have come to my last ends of information i can look up. i know the HOA is in so many violations but cannot find out information on what to do or who to call about board violations.

if anyone can help i would be ever so grateful.
Me ^i^


01/31/2006 7:13 PM  
Your association is so small that I can understand how only 2 people might be running the show. Out of 250 lots we have a hard time getting 5 people to serve.

Your Articles of Incorporation, Bylaws, and your Covenants is really the only source of the rules for your particular assoc. other than your state laws that govern HOA activity.

If you do not have a full set of those documents you will need to get them from your Board. They should contain most of your answers as to how many voters to make a quorum, how many Board members make up the board, and etc. and the rules that go along with the how manys.

For instance our association requires 10% of the members for a quorum, 5 directors chosen by the members which then select the 4 officer positions and 1 member at large. We must nominate 5 directors if we have to stay there all night and get a majority vote on them. If one should not get a majority vote of the voters casting a vote, then the office remains with the previous years member. Now that person can resign at the first meeting of the new board, and then the remaing board must appoint someone to fill the vacant position. All of these kind of rules should be in your governing documents.

We have a unusual section in our bylaws that states that if we can not find the proper ruling for a circumstance that we are to refer to Robert Rules of Order. And that has resolved a lot of our poorly written documents. And the official book for Robert's according to their foundation is "newly revised 10th edition" and that is the book that the foundation uses to answer your questions if you were to write to them with a question. That book can help answer a lot of proceural questions for you.


02/01/2006 10:30 AM  
thank you Jim, it has helped some but i am so confused about what it all means.
the CC&Rs do not say anything about a quorum and the by-laws states that the presence at the meeting of members entitled to cast shall be 1/10 of the votes of each class of votes. but they later changed this to only one class and they say nothing about achieving a quorum.

the only thing i have found on quorums was under
artical IV
covenant for maintenance assessments.
this section says they need 60% of all votes to constitute a quorum and if not present another meeting is held and only 1/2 of the required quorum is then needed

it's all so confusing because we do not have a board of directors as it states in the CC&Rs and we do not have a proper Hoa Board.
the Hoa Board is the same people every year just different possitions because there is only 18 untis, they have lived in these townhouses since they first were build and they do not want new people coming in and upsetting the balance of their little group and the way tings are done. i just feel like i am loosing an uphill battle with them, the townhouses that do not have much participation with the Hoa other then paying dues is because it's new buyers and they do not want to get into the middle of the petty harrassements from the board. they keep saying things will get done but nothing has been done in five years i've been here. they go after people that don't pay there dues when they themselves are in so many violations.
they cannot even find a landscaper who will do the landscaping because of Board Members.
i want to try and change the balance in my association to deal with assessments of all units even the board and do it by respecting each owner and not by favortizm as it has been in the past. i just do not know if i am on the right track or if i should just give up and move.

(North Carolina)


02/02/2006 5:40 AM  
To unseat a well entrenched Board of Directors can be very difficult, and may require legal action. You need to form a partnership with a group of like-thinking owners in your development, read and understand the CC&R’s, and read and understand Robert’s Rules of Order, Newly Revised. Armed with that information, you can either wait for election time or call a Special Meeting to replace the existing board. But the old adage “He who has the gun, rules” is very appropriate here. If they don’t want to be unseated, they can bully their way (illegally) through the election. No matter what your plans, you will undoubtedly have a fight on your hands.

I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry


02/02/2006 1:56 PM  
Thank you very much Samuel, i think your advice really helps. it now gives me the hope i was looking for in this fight. i think everyone should have a voice and should have the right to live happily whatever that may be.

i have read the CC&Rs and Roberts Rules of Order Revised from cover to cover a billion times. i am getting the understandings of how these are supposed to be done but what i don't understand is How do i get my board to understand they are in violation of these things, when they already see me as the bad guy and want me out.
i'm not trying to take control of anything by no means but i do like things a little more organized in my life and if they expect me to pay dues then i expect them to start making some changes as well.

i guess my next step would be to get information from my neighbors and see if any of them feel as i do.

thanks again Samuel, you gave me a lot to think about.

Me ^i^
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