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Subject: Does VP mean anything?
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Author Messages
PattyB1
(Kentucky)

Posts:40


09/20/2006 2:12 AM  
I was on the phone with our associations attorney the other day,and I felt so stupid.I didn't know the answer to some questions concerning dues,she said as VP I should know these things.There is almost no communication between myself and the other three board members except at meetings.Can anyone tell me what documents a VP has a right to view? The treasurer did send me an email with an amount on there that she says is in our account,but I would rather see original transactions or copies.The treasurer acts like I'm trying to check up on her and she is offended.What do I have a right to see?PattyB1
TomJ
(Arizona)

Posts:42


09/20/2006 2:18 AM  
As far as I know, you have the right to see all paperwork for the association.
ThomM
(Georgia)

Posts:5


09/20/2006 3:22 AM  
You and any member of your association has the right to examine any of the financial documents of your association. As for the attorney, they tend to be arrogant. Learn as much as you can from all the association legal documents. Remember every time you contact the attorney it will cost you.

Thom C.
JoeS4
(Kentucky)

Posts:77


09/20/2006 7:29 AM  
Normally the V.P. should be able to take over in absent of the president as well be on all committees. As far as documents all residents or members should be able and encouraged to read everything. The H.O.A. is the members, equally, and without any secrets or hidden documents.
RogerB
(Colorado)

Posts:5067


09/20/2006 8:18 AM  
Patty, I am curious as to why you talked with the attorney and whether they provided answers to your questions? Regarding finances, all Board members should know the details of finances. If not provided monthly then at a minimum you can request copies of a detailed financial report be given to each Board member at each Board meeting and discussed at the meeting. All officers have the right to view all association records and all members have the right to view most of the association's the records.

We provide via emial a monthly balance sheet, income statement, cash flow/budget chart, and a total accounts receivable report with number of delinquencies (without names) to all Board members plus to other owners who request it.
PattyB1
(Kentucky)

Posts:40


09/20/2006 11:07 AM  
We have a developer that ownes several properties and is refusing to pay his part of the dues.We hadn't heard from our attorney for awhile and I was getting an update.I was sent an email with an amount on it, but my concern is that there may be a couple of people that are not being sent an invoice. PattyB1
CharlesW1
(Georgia)

Posts:826


09/21/2006 4:37 AM  
PattyB1,

I’m leaning as I go, and the advice you have received thus far has educated me tremendously. I too have heard that the VP has the right to see any of the financial documents pertaining to the association. That position has, pretty much the same powers that the president has, IMO. He/she would be accountable if the president were not to be present. The VP is encouraged to learn as much of the president’s position as possible, in the event that the president isn’t present.

I’m not all that familiar with what can be done with the delinquent assessment. It seems to be a growing HOA problem. I’ll be following along. Hopefully you will receive the information you are in search of. I’m interested as well as to, what can be done. He is the builder, and not paying his “dues”? OMG, what can be done? That is ridiculous! He/she is supposed to be setting a good example to the community.
Well builder or not he is still “robbing” the entire association, by not paying his dues. You should be able to look at the financial records pertaining to any of the delinquent members in the association. It would make any sense if you couldn’t.

If he/she doesn’t pay their assessment, I would follow the association rules on delinquent dues. That, I think would get their attention. If not, I would think it would embarrass him/her at say the very least.

Chuck W.

Charles E. Wafer Jr.
PattyB1
(Kentucky)

Posts:40


09/21/2006 7:10 AM  
The developer started this association.In the end,what he wanted was,in exchange for doing certain things in the neighborhood that he was responsible for anyway,he would not have to pay his part of the dues.When we elected officers,that was also voted on and he was voted down,we've had problems with him ever since.People that live in his rental properties are giving us problems,such as semi trucks and a boat sitting in driveways when it is clearly against the CCRs that he wrote.It's going to be a battle.PattyB1
CharlesW1
(Georgia)

Posts:826


09/21/2006 7:57 AM  
PattyB1,

If I am wrong, I’m sure someone will let me know. I believe that previous BOD had made a mistake. The current board is now dealing with. If indeed he was given the right to not pay his assessments then that was agreed on and you said your self that was voted on, but declined. Why, then had it continued? Why wasn’t it stopped then?

That is a whole separate issue. You have an additional problem, which I see. The CC&R’s are the “law of the land”. Whether they are tenants of homeowners they are expected to abide by the CC&R, and by-laws. So as far as vehicle parking, boat parking. The tenant “is clearly against the CC&Rs” they are in violation. I would start there. I would try to put a halt to that at once. The longer it continues the harder it will be to over come. I would handle it the same way as if the landlord wasn’t the builder (First violation notice, second and so forth) I would follow the same procedures, as you would for any other violator. Your CC&R’s state No semi, boats or recreation vehicles are allowed to park in the driveway? Can they park in the street? Is there a time limit for parking in the street, if they can?

That is what they will say to their landlord, when the board issues the builder a violation notice. So be prepared. With the boat couldn’t the board, put in the CC&Rs something about being out of site out of mind, In other words what if the tenant could put the boat in the garage or in the back yard, any place that would be out of the sight from the road and neighboring properties. This would be fair, if I were a tenant. My landlord told me all of a sudden that I couldn’t park my “rig” in the driveway. I would tell him “well you never said I couldn’t when I first began renting from you” “it’s the truck for my job” I make my living with the vehicle”.

See where I’m going with this?


Please keep us posted. I’m learning from all of you.

Chuck W.

Charles E. Wafer Jr.
RogerB
(Colorado)

Posts:5067


09/21/2006 9:08 AM  
Patty, has the Developer turned over control of the Board to the homeowners? If not, and the other Board members are pupets for the Developer then you have little power to do anything other than bring suit against the Developer. If the homeowners control the Board than you should set up Rules and Regulartions on 1) Delinquent Assessments and 2) Enforcement of Covenants and Rules. I have posted on these two items several times and given examples of each.

After distributing these R&Rs to all owners you can initiate enforcement. This enforcement starts with notices of violations and delinquent accounts and proceeds through fines and legal action if necessary (look at the examples which have been posted).

Note - the Developer should always pay their assessments. If they are selected to do work for the HOA, they often are and you will probably pay much higher than competative rates for these services, a check should be used to make payment- use GAAP!
PattyB1
(Kentucky)

Posts:40


09/21/2006 3:01 PM  
This is a new subdivision and we are the first BOD.The developer started this association.You see,he wanted to move on to another project,but our City Council would not let him untill he was done here.He still had to put up the street lights,pave our streets over again,and fix some pipes.He did not want to do any of it.If he could get the homeowners to vote with him so he could tell our City Council we were happy with his work,they would have let him go and we'd be stuck.He had also wanted lowerd dues on his rental properties as well as a revolving account where he would perform work in return for credit to his association dues.The motion was raised and the majority of homeowners voted against it.That was in May of this year,and our subdivision still looks like a construction site.Most of his properties are under different names,but they all belong to him,but he's using that to say he doesn't own as many properties as we think. Not to mention attorneys are very slow.He knows what the restrictions are, he wrote them.No vehicles can park on the street,and no commercial vehicles of any kind are to be parked in the driveway. They can be in the garage or behind a fence.The other 3 board members are afraid to make him upset, I'm not,and that's another problem. PattyB1
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Forums > Homeowner Association > HOA Discussions > Does VP mean anything?



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