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Subject: Respectful perspective on why HOA Members revolt against HOAs
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Author Messages
MelissaP1
(Alabama)

Posts:10521


09/12/2013 10:31 PM  
What qualifies anyone to run for their HOA board? They be a homeowner and were voted in by the other qualified members with a right to vote. Yeah, there's not much in qualification other than you name on the dotted line and you were on the ballot. Not rocket science.

The President of the United States just has to be over 35 and be a natural born US citizen. It's not like there's much "Qualifications" than what you want to assign that person to have. You either cast your vote for that or use that as your reason why people should vote for you.

If you want to know what made me a good President/Board member, was that I was uniquely "qualified" than most people. I happened to have been a Quality Manager at my real job. Add onto that 2 degrees being in Electricity and Quality Control. The courses I took in college included: Public speaking, criminology, business accounting, and Business Legal. I spent years as a Team leader/supervisor/manager. Most of the "Qualities" many here want their board members to have. You really can't expect that out of every candidate nor should you ever. Just have to pick who you feel is best to represent you on daily business so you don't have to deal with it. People like JonD and others here are just that type despite what qualities you want them to have. They have the job and do it. What other qualifications could you want?

Former HOA President
GnomeX
(Washington)

Posts:253


09/12/2013 11:19 PM  
Posted By FredO on 09/12/2013 10:12 PM

1. Your actual qualifications




a brain...

Posted By FredO on 09/12/2013 10:12 PM

2. the requirements or qualifications outlined in your governing documents.




get elected...
FrankS10
(Kansas)

Posts:276


09/13/2013 5:04 AM  
John,

I have stated on more than one occasion that we were still under developer control. That is not the problem. Nor do I care if I can not serve on the Board.

What did matter is the developers through Board control awarding themselves our maintenance contract for the Common Areas without competitive bids as required per the By-Laws. They did not even provide estimates for the work but rather just submitted invoices as they saw fit. No one could confirm the work.

They also undertook major expenditures for repairs ($5K one time) without competitive bids, without a vote (as required for anything over 2.5K) on the Common Areas when it was not owned by the HOA. Again, our By-Laws state we pay for the maintenance on land owned by the HOA.

I guess I am an idiot though for standing up to this. I mean it is totally normal for 2 partners who are developers to have this type of arrangement right? The one partner owned the company doing all of this work and the other is our treasurer who cut the checks with HOA funds when invoices were submitted to him. I guess this is normal in states outside of the land of Oz where I live. How stupid of me!

Oh, btw, the state agreed and these practices no longer fly. And as soon as we challenged the land not being deeded over but HOA funds were being used to maintain it, it was immediately deeded over.

And yes, I'm sorry I did not realize that Jon's expertise in NY trumps an attorney/Board President's knowledge here.

I think it is everyone else laughing at you Jon. But, I will congratulate you on a post without mentioning you know who. You could be on the road to recovery.

Seriously Board members, you are going to stick to your guns and continue to attack me. I have already won here. Things have totally changed. What all of us realize and I guess none of you do is that we volunteer to protect ourselves and have our business conducted with generally accepted business principles. Our goal is not to be a Board member. It is becoming more and more obvious to many of you that is the end game-not real leadership but a Board title you can brag about here and put on your resume. Look behind you-no one is following just like they are not here.
MelissaP1
(Alabama)

Posts:10521


09/13/2013 5:26 AM  
Let me see... Your complaint is the Declarant who is still in control, did not get competitive bids per the by-laws? Let me check again....Mmm... A declarant owns the HOA and can do what they want. The board they have isn't controlled by the owners. It is controlled by them. The by-laws are not legally binding like the CC&R's or Articles of Incorporation. They are INTERNAL HOA documents that can be changed within by a simple meeting note. They are there to add a bit of clarity and fluidity to the HOA's operation. Especially once the HOA gets turned over to the owners. Until then... Your stuck with the Declarant rules.

If they have not raised any dues or ask for a special assessment to pay for these repairs, then your HOA is doing okay. Your money is then being used to get the work done. A HOA is ONLY funded by it's members FOR it's members. It sounds like your Declarant is fitting the bill if they can do this without raising more funds.

Former HOA President
FrankS10
(Kansas)

Posts:276


09/13/2013 2:00 PM  
Melissa,

We established an HOA that is controlled by the membership. However, unsold lots allow for the developers to retain 10 votes per lot. The HOA is in full force, not under declarant control except for by the voting powers allowed. We have 78 lots, only 9 unsold. Understand the math?

So, per HOA governing documents they re-took control of the Board, not the same as declarant control. They had no authority as Board members to take the actions described below. As Board members they have the same fiduciary responsibilities, i.e. due diligence, as any other Board member. These actions were stopped because they were a conflict of interest.

Maybe I have not been clear, or maybe some of you should get all of the facts before you start gun slinging. And just maybe there are bad boards out there that need to have the you know what explained to them.

Thanks.
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