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Subject: Is it reasonable to request documents/minutes/election procedures
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Author Messages
TomR10
(Idaho)

Posts:2


12/04/2019 8:05 PM  
I have been in an HOA for over 10 years and I have never been invited to a BOD meeting/election. CCRs say that all members should be notified of a elections How can I request the minutes for meetings without seeming antagonistic.?

Also, if there was nobody on the Board for almost 8 years, is the HOA still active?

One more... How can I run for a director position?

I just read something that someone wrote stating, lack of participation can stem from people feeling intimidated by the incumbents. That is the case here and I want to overcome that.
MelissaP1
(Alabama)

Posts:9649


12/05/2019 4:44 AM  
About time... Why not ask for the documents? You should have most of them already. The Articles of Incorporation, CC&R's, and By-laws you should have. Meeting notes do not expect a fast turn around on from last meeting. It takes the next meeting to approve. The Secretary should keep them.

Do you have an MC? What do you mean "invited"? Depends on your state but they should be open meetings. No invitation needed. How can the HOA have no board members but yet complain about things? Someone has to be helming the ship. Doesn't mean upright...

You can run for a board position as long as no caveat must be in good standing and your not. It's time to pull up those boot straps and get to work.

Former HOA President
AugustinD


Posts:4160


12/05/2019 5:22 AM  
Posted By TomR10 on 12/04/2019 8:05 PM
I have been in an HOA for over 10 years and I have never been invited to a BOD meeting/election. CCRs say that all members should be notified of a elections How can I request the minutes for meetings without seeming antagonistic.?


Does either your HOA's Declaration say it is a nonprofit corporation, or does your HOA have Articles of Incorporation? If yes to either, then your HOA is subject to Idaho's nonprofit corporation act. Specifically Idaho's Nonprofit Corporation Act Section 30-30-1102 requires nonprofit corporations to share its minutes and other records, with some caveats. See https://legislature.idaho.gov/statutesrules/idstat/Title30/T30CH30/SECT30-30-1102/. Write the board a letter like the following:

Dear Board,

Pursuant to the Idaho Nonprofit Corporation Act Section 30-30-1102, please provide me with a time and place where I may inspect and copy (a) the Minutes of all board meetings and (2) the records of all actions taken by the board without a meeting.

Thank you,

John Smith
Member, ____ HOA
[your address]

Posted By TomR10 on 12/04/2019 8:05 PM
if there was nobody on the Board for almost 8 years, is the HOA still active?


Typically certain steps have to be taken to dissolve a HOA. It is not easy. I would wager the HOA is still active.

Posted By TomR10 on 12/04/2019 8:05 PM
How can I run for a director position?


-- If elections are not being held, send the Board a letter asking an election to be held, complying with sections ___ and ___ et cetera of your CC&Rs. Ask that your name be listed as a candidate.

-- Read the section of your CC&Rs regarding proxies. Get the Board to give you a copy of the correct proxy form. Start visiting or emailing your neighbors, asking them to designate you as their proxy.

-- It is far better to run with a like-minded majority. Else the incumbents will beat the crap out of you, and this will almost assuredly be an exercise in frustration.
PaulJ6


Posts:0


12/05/2019 7:02 AM  
AugustinD's post is exactly right.
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