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Subject: How do you Contest a HOA illegal Ruling?
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Author Messages
RobertaS2
(Michigan)

Posts:69


10/12/2019 1:41 PM  
There were a few other proxies the HOA lawyer threw out for reason of not being dated. However, at the end of every election, the proxies are destroyed, so the only proxy would have to be a new/current one. In the past (I know...) the common sense rule applied and this was not considered that lacking. The vote was close. By 3 votes against new candidates.

Also, if an Azheimer's patient's daughter can have a legitimate POA, couldn't anyone else assign a POA or limited POA to a family member? What do you think? Those were also rejected for other families that are out of the country and wanted their resident adult family members to be able to act in their place. Again, this contest was close. 3 votes/proxies. (!)

How do you file a pro se?

(We not prevail, yet. But I love the help I am getting here! Thank you ALL!)
RobertaS2
(Michigan)

Posts:69


10/12/2019 1:42 PM  
may not
PaulJ6
(New York)

Posts:752


10/12/2019 1:46 PM  
Why are proxies destroyed? Wouldn't the HOA keep records of meetings, including proxies?

Why is the lawyer the one to reject proxies? Wouldn't rejecting them be a board decision?
RobertaS2
(Michigan)

Posts:69


10/12/2019 3:06 PM  
Totally good questions. Like I said. Bullies.
RobertaS2
(Michigan)

Posts:69


10/15/2019 8:53 PM  
To ALL who have so graciously chimed in to help me, to help educate me, and to give me guidance, I wish not only to Thank You!!!! But also to inform you that we have just CHANGED OUR BOARD!!!! We have a new president, a transparent new structure again, and hope for our community!

Thank you all! Your participation has helped my community tremendously! I cannot be more grateful!

-Roberta
AugustinD


Posts:2945


10/16/2019 5:49 AM  
Hi Roberta, that's great. What happened?

Regarding assigning POA: Don't your governing documents allow assignment of a proxy? Assigning a proxy to another person does not require that this other person have POA as well.

For future readers, filing in court pro se is a demanding process. First, one identifies exactly what covenants and laws are being violated. Second one sends a letter of demand (snail mail, return receipt requested) asserting the HOA and/or board and/or property manager appears to be violating these convenants and laws and that you ask that this be remedied, or you will be forced to file suit. Third, meanwhile, you find a free legal clinic and get some help in filing in court pro se. Preferably this includes finding actual complaint filings in similar cases from the past, available after significant research and through the court clerk. Fourth, after six weeks or so of non-response, send another demand letter (the judge will expect this). Repeat sending letters every six weeks or so. After three to six months or so, file in court. This will consume your life. In some states, and depending on the state statutes, if you lose your lawsuit, you may run the risk of having to pay the attorney's fees.
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Forums > Homeowner Association > HOA Discussions > How do you Contest a HOA illegal Ruling?



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