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Subject: about board member
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Author Messages
SueJ1
(California)

Posts:2


09/02/2020 7:52 PM  
hello. I am new to this board and hope I am at the right place to post about an HOA located in California. This development has new homes that were starting to build around two and a half years ago. We are now almost completed with selling of around 130 homes in a gated community but there are still about 25 percent being build. We haven't had a board meeting in over 6 months. I was told by a board member who is also a customer service care manager of the company that built the homes here that the last meeting only had one resident board member who showed up and 3 of the other board members. The board members are the hoa manager, the customer care manager of the place that builds the homes, the construction worker manager who builds the homes here and the resident board member also lives in this community but also works for the place that built the homes. Now a few questions

1. Can the board be ran by all of the workers?
2. During the board meeting we could listen as homeowners but couldnt speak during it or ask questions and were only given a few minutes each before the board meeting to talk
3. A board member told one of the homeowners to stop talking with the language because the homeowner said he was tired of no one doing anything and that he will get a lawyer or the news to stop it
4. How can we find out who voted any of them in and how many votes do you need to get elected. None of the neighbors even heard of the voting and almost a year ago was when they sent voting cards in the mail land told us about who was running but the other homeowner running against the homeowner who works for the company never even heard anything about it.
5. During the meeting they said to say yes or no over the budget with the board members but not one of us homeowners who pay each month was able to get a copy and so we have no clue where the money is going.

I have a feeling that we are not being treated correctly and I would like to get more knowledge and set up a good hoa for my community. This is my first home with an hoa and not sure of what to do. I would really appreciate finding out more. Thanks
MelissaP1
(Alabama)

Posts:9532


09/02/2020 8:00 PM  
you sound still Developer controoled. The HOA is not owner owned. So your at the will of the Developer till turns over to owners.

Former HOA President
JohnC77
(Washington)

Posts:139


09/02/2020 8:21 PM  
While under developer rule, it is "get in, sit down, and shut up", oh and by the way, make sure you don't miss a HOA payment.
GeorgeS21
(Florida)

Posts:3113


09/02/2020 8:48 PM  
Sue,

You still have time to learn your docs and CA statute ...

What do your articles or CCRs say about turnover from the developer? You’ve read them? Understand the process?
SueJ1
(California)

Posts:2


09/02/2020 9:47 PM  
I didn't know about this whole developer owned hoa. I wonder if it is until the last home is sold or till the last home is built. When I first moved they said how "fast" it will be done and even pre pandemic the construction rate was so slow. So far we have had 4 homes selling that are no more then two years old and homes being bought and rented right away. That should have told me something. Where do you find the articles or CCRs say about turnover from the developer? You’ve read them? (havent read them since I am not sure where to look or get a copy of them) Understand the process?(I would really want to figure out this process)
MelissaP1
(Alabama)

Posts:9532


09/03/2020 4:31 AM  
Every CC&R is different. CC&R's are considered PUBLIC documents. So they should be avaialable at your County's record department. No one is responsible for providing them to you except maybe the seller depending on what state you live in. Articles of Incorporation should be on file at the state level. Also they are Public documents.

By-laws are internal HOA documents. Which may or may not be on file with the CC&R's. Developer should have those.

You have to read the documents to see what the conditions are for the developer to release control. The development has to be filled out to a certain amount. Sometimes they don't give up control for some time. It depends on the situation.

Former HOA President
CathyA3
(Ohio)

Posts:1235


09/03/2020 5:12 AM  
1. Can the board be ran by all of the workers?

If you are still under developer control, yes. Usually the percentage of homeowners on the board rises as the percentage of sold homes rises, with control turned over to the homeowners at some point.

2. During the board meeting we could listen as homeowners but couldnt speak during it or ask questions and were only given a few minutes each before the board meeting to talk

Very common. A board meeting is a meeting of the board where they conduct association business. Homeowners are there to obvserve only, although many associations set aside a time during which owners can speak.

3. A board member told one of the homeowners to stop talking with the language because the homeowner said he was tired of no one doing anything and that he will get a lawyer or the news to stop it

Those who attend board meetings, both participants and those who observe only, are expected to conduct themselves in a business-like manner.

4. How can we find out who voted any of them in and how many votes do you need to get elected. None of the neighbors even heard of the voting and almost a year ago was when they sent voting cards in the mail land told us about who was running but the other homeowner running against the homeowner who works for the company never even heard anything about it.

While under developer control, the developer may appoint other homeowners. Once you start holding elections, look at your bylaws to see what it says about election procedures, quorums, and other requirements.

5. During the meeting they said to say yes or no over the budget with the board members but not one of us homeowners who pay each month was able to get a copy and so we have no clue where the money is going.

Some associations require owner approval of budgets, but most don't - and this is after control has been turned over to the homeowners. While under developer control, the developer calls the shots. Having said that, owners should be entitled to copies of the budget and should be allowed to inspect financial records (with some limitations).

I'm going to assume that your community is subject to the Davis-Stirling act (one of our California posters will tell us if that's wrong). You should visit the Davis-Stirling website (https://www.davis-stirling.com/) to find out about how communities in your state should operate.

And always: read your community's governing documents (Covenants Conditions & Restrictions plus the Bylaws). These will explain your rights and responsibilities as a member of the HOA. Your board, whether under developer control or not, needs to operate according to these provisions.
AugustinD


Posts:3900


09/03/2020 6:47 AM  
Posted By SueJ1 on 09/02/2020 7:52 PM

2. During the board meeting we could listen as homeowners but couldnt speak during it or ask questions and were only given a few minutes each before the board meeting to talk
3. A board member told one of the homeowners to stop talking with the language because the homeowner said he was tired of no one doing anything and that he will get a lawyer or the news to stop it
California statutes require the board to permit owners to speak. The board may set reasonable rules concerning when owners may speak. See:
-- https://www.davis-stirling.com/HOME/Statutes/Civil-Code-4925#axzz2CR2ljirY

-- https://www.davis-stirling.com/HOME/Open-Forums

You should politely ask the board to comply with the above.


Posted By SueJ1 on 09/02/2020 7:52 PM
4. How can we find out who voted any of them in and how many votes do you need to get elected. None of the neighbors even heard of the voting and almost a year ago was when they sent voting cards in the mail and told us about who was running but the other homeowner running against the homeowner who works for the company never even heard anything about it.
Depending on what your HOA's governing documents say about developer control, the board may very well be required to follow exacting procedures for elections, including sending notices to HOA owners. To comment intelligently would require a review of your HOA's governing documents. You should politely ask the board to comply with what California statutes require by way of election procedures.


Posted By SueJ1 on 09/02/2020 7:52 PM

5. During the meeting they said to say yes or no over the budget with the board members but not one of us homeowners who pay each month was able to get a copy and so we have no clue where the money is going.

You should politely ask that the board to comply with what is given here:
https://www.davis-stirling.com/HOME/Annual-Budget-Policy-Disclosures

KerryL1
(California)

Posts:7502


09/03/2020 10:52 AM  
Based on your questions, Sue, you really need, in my opinion, someone to talk with in person to help educated you about HOAs and you own HOA governing documents in particular. There's a lot to learn n, especially in CA, where there are a lot of laws about HOAs.

There are some very helpful posters here, but you're starting out with no knowledge or experience. If even a handful of other owners are as concerned as you are, I think you all need to chip in and pay an HOA attorney for an hour or two of their time to explain things to you and others.

Meanwhile, as others have written. 2 & 3.: In CA, the Board must allow owners to speak in a period set aside called "Open Forum" during Board meetings. Owners can be limited to, say, 2 or 3 minutes. Open Forum, as it sounds like with your HOA, often is at the beginning of a board meeting.

4. You cannot find out who any voter voted for to be on the Board. Secret ballots are required in CA. It's possible that while you're under "developer control," only one owner who is not an employee of the developer may be on the Board. Or maybe none. CA law requires that all owners receive a secret ballot and the names of all those who qualify to run for the Board.

5. CA required that the budget and many other materials be sent to owners annually 60 days before your new budget is activated. Our new budgets start on Jan 1, but that's not the case in all HOAs.

Your Bylaws should say how often the Board must meet. I believe in CA, Boards must meet at least quarterly. They also should say when Owners can have control of the HOOA. It's often when a certain % has sold or after a certain date.

Does the developer's property manager have an office on your premises? Even if not, write to the PM and politely ask for a copy of the annual budget and reserves package for your fiscal year.

You received a copy of the CC&Rs and Bylaws when you closed escrow on your home. Iff you cannot find it, write a polite letter to the PM asking to email those document to you.
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