Get 1 year of free community web site hosting from Community123.com!
Wednesday, October 27, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: no proper ballots for election
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
BradleyL
(Louisiana)

Posts:2


05/19/2021 1:11 PM  
I belong to a HOA seven yeaars now. From declarant to now a HOA five years. There has been no enforcement of covenants and if there is selective. I've asked through three management compnaies to see ballots after they are counted. None will be produced and this is done in front of other members. Our HOA is mostly elderly who don't want to be bothered. I'm a businessman who runs his own business. I've asked for proof of insurance it took two years to produce. The president drank wine on a elderly persons driveway and the rest of elderly shareholders follow the lead like a herd. So no chance of changing to members to serve to make changes. The HOA many times did not notify members of annual meetings properly and had to have them over again. The management company(an attorneyowned) does not even proof read whats sent to members. They send out a special meeting notice for a HOA. The ballot sent out says a condo association for an annual meeting. I don't belong to a condo assocaition in this neighborhood so we don't go and don't recognize condo association ballots. I bring this to the attention to the attorney and illegal elected board members because a qourum is called and get ignored. Not only that when I bring it up to other members or seek help they have to hire attorneys to intimidate us. July 202 they even sent an extortion letter saying they were going to put a assesment on us for their attorny costs which helps them cover up illegally elected board members. fast forward to May 2020 we decise to sell our house. The illegal board and attorney let us know we can attend a meeting to resolve the assesment. I tell my attorney no they are illegal roge shareholders not properly elected so we don't recognize their legitimacy. Over the weeknd on a Sunday night now our house is listed they tell my attorney they just had a board meeting and want to fine us 7,100.00 dollars. I refuse to pay and feel its balckmail at this point they know we are moving. They evern offer to take the assesment away if I sign a relaese for their actions. It's more than civil i think it's criminal when we are moving our family after all we have been through for 7 years. I'm looked at as the trouble maker because I speak up. There have been at least 80 violations of sheds, chicken wire fences etc. No architectual reviews and none provisded to sahreeholders upon request. I'm not the only person that has caused them attorney fees. The other person was never fined and the lady on her own spect 20,000 when they moved a ditch with out Corp of engineers approval. The attorney himself committed I think fraud and now extortion and blackmail either pushing for the assesment or the release if not. All help is appreciated down in Louisiana. I can go on there is so much more. Board spending money to fix fenses that are not owned by the assocation etc.


#2 I have a condo in Baton Rouge near LSU. The reserve study was done. I ask who came on site to perform it. The board will not disclose it. I ask what their qualifications were, the board will not disclose it. Either will the management company. They actually had an attorney contact mew to shut me up. It didn't work. Shareholders have rights.They assessed everyone 3,000 for repairs at a special meeting. A quorum was not had at the meeting. It states in the covenenats all meetings must have a 2/3 quorum. They had a 2nd meeting and say they don't need a qourum because the by-laws state second meetings quorum is not needed for meetings of (normal) business. A special assessment is not normal business. The covenants are clear but what about this little by-law term. I asked and agree things need to be fixed. The board refused to get quotes I gave them names and companies to call. There is no quote or cost for the work and no timeline to have it done. They put the cart before the horse so to say. Do they have a right to do that. It's about 12 buildings and componets do not all wearout at the same time. They have no designated plan or list of componets to replace and when. They spent thousands on a reserve study that is worthless it's all theory and no substance. Nothing in it says what componets are bad and how many. All things never wearout at the same time. Then why all three tousand dollars in one year? Can someone plese help me here. And the board basically nominates themselves over and over. The management company even sends the proxy vote out with the president of boards name on it to send to him to nominate himself and no one else. Can someone help me here? They refuse to give me contacts so I can call or send my concerns to other shareholders. I feel this is wrong and unfair. help, thanks again in Louisiana.
MelissaP1
(Alabama)

Posts:10534


05/19/2021 2:25 PM  
You have to help us out to in understanding a few things. It's a bit all over the place to get a full understanding. Why is the election "illegal". Are these people not members of the HOA?

Yes the HOA can ask you to pay for their legal expenses if you caused them. It is called "damages". You caused them an expense they would not have had otherwise. They do have the right to collect this money. If not, then it can be turned into an lien for that money. Meaning you can't sell till you pay it. It's NOT a threat it is a FACT.

Property usually falls into just a few categories legal/tax wise. Typically it is single family home, condo, or multi-family. Patio homes and/or other variants are grouped into these definitions whether or not they are. I had a patio home. It fell under our tax system defined as a "Condo". It was an unattached single home. However, our state defined patio homes as condo's versus single family home as we shared common property. So your HOA may indeed fall under the condo definition.

What does it matter who did the report? It's a general report and understood that nothing ages or falls apart the same. It is set up so that when the time comes the funds will be there. It would fall under a "capital" expense versus coming straight out of the operating budget.

We are not lawyers here. Sometimes we have to break things out and down that may not favor your view of things. Sometimes that change of view may help you step back to find a solution. Which is what you need to do and sell the house.

Former HOA President
BradleyL
(Louisiana)

Posts:2


05/19/2021 2:52 PM  
The HOA for my home is a Louisiana HOA not a condo association in the state filing. In Louisiana Condo legislative laws are different from HOA legislative laws. Two totally different guidelines and laws. You can't get money from a credit union if your account is at the bank. Samething here you can't be ruled under condo laws when you live in a HOA. You follow the law don't interpet as you wish. The HOA quorum was called using a different type association ballot. A condo ballot for a annual meeting. The mailed letter was a special meeting for a HOA. The management company mailed it out and did not even proof read it when they are being paid and run by an attorney. They were called on it and didn't fix it they covered it up now over two years. I sent attorney requests to see ballots and get information. They have ignored my attorney demands People who don't belong to something don't vote for something they have no business doing that they don't belong to it. It was made worst as when brought to the attoney and shareholders it was ignored. Thats fraud against other shareholders. We follow laws and covenants because we sign contracts to live by these rules not live by what a few people call acceptable because people are passive.


Number 2 response regarding the condo association. The condo asssociation I do belong to near LSU has every right to do a special assesment. My feelings and expression was there was no proper votes done and a real quorum. The questions of by-laws superceded covenants in my original question was ignored in your response. So were my questions the board and management company ignoring my requests for answers. I'm a former 9 year member of a properly run HOA in a previous neighborhood. These people who some are professional and run their own businesses feel they can ask for you to pay extra with out explaination, why? I don't buy that, I want to real numbers, estimates, and proposals first. If an emergency happens it's what special assesments are made for after a addressed need. This special assesment was done without quorum and without any real evidence. I can tell you your car may one day wearout so we will start special assesing you 3,000 a year for ten years because it will have to be replaced. But if I stored it and never drove it, it may last 20 years. So why is it right for you to be charged across the board to fix everything. The covenenats are clear each building assesment can be done separately and accordingly it's in the covenants.Why do we not have assesments based on each buildings needs not everyone assessed the same thing because not all doors go bad the same, windows, roofs facing different direction, garage doors etc.All buildings and componets do not go bad at the same time. Please comment to the questions not a broad analysis of your feelings. Look again at what I wrote before you comment. Thanks.
MelissaP1
(Alabama)

Posts:10534


05/19/2021 3:59 PM  
Having a hard time following what you are saying so can ONLY do my best "guessestimate" of you situation. Just like everyone else here will have to do. Good luck on interpreting...

Former HOA President
JohnC46
(South Carolina)

Posts:11539


05/20/2021 11:28 AM  
I think I will take a pass on this post.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > no proper ballots for election



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement