We have an issue facing our community and I feel our board is out of control.
First they sent around a ballot for the community to vote on that would give the board permission to assess homeowners without restriction to pay for legal fees. The first result was negative so are now doing a re-vote and admitted they will hold enough re-votes as necessary until they get their desired result. They did not change any terms of the vote but this time they sent around a letter with claims like, "the vote would have passed if more homeowners voted." They delete opposition arguments on the community "open" forum website and the board president has instructed her board to not answer any questions about this issue until the vote is over. They are going door-to-door with extra ballots and telling the homeowners the partial truth and collecting their vote on the spot. The board also is withholding important information from homeowners that they claim to be "privileged." This info could have a major impact on how people decide to vote. Lastly, they are meeting in executive session frequently even though our bylaws only expressly give them the right when they are meeting with legal counsel, making personnel decisions, negotiating third party contracts, and discussing dues and assessments. They will not disclose anything they talk about during their executive sessions.
I feel a re-vote like this completely undermines the democratic process. I'm frustrated that the board can suppress opposing arguments and withhold information they claim to be "privileged." They are meeting privately more than the bylaws allow and I feel there is nothing I can do to stop them because they hold all the power.
Am I correct to be frustrated?
Are they abusing their power?
Is there anything I can do about it?
How to stop a board with TOO much power?
Submitted by akeller on Mon, 02/04/2008 - 10:56am. HOA Legal DiscussionI'm sorry that you are in
I'm sorry that you are in this position. Really the only (legal) thing you can do is to sell and get out of HOA-land.
One thing that you should work on is to make sure that you understand that an HOA has absolutely nothing to do with "democracy". There is no such thing as a democratic "vote". In HOA-land, opposing votes aren't even counted. They just need to collect enough signatures to do whatever they want. They will Lie, Cheat, Steal, Bribe, Manipulate, and Intimidate their way to geting enough signatures. It is just the nature of the beast.
Too many people in this country have lost their morals and principals. The ones who haven't, simply have lost the will and the means to fight back.
If you want an objective
If you want an objective analysis of what you are dealing with, see http://www.ccfj.net/twinriversAARPAmicus.htm.
Pay attention to the Hannaman Report.
I belong to a group of homeowners in Massachusetts who are trying to legislate strict controls over HOA boards, but we are up against a lobbying group (Community Associations Institute) who fight these changes tooth and nail (and contributions).
The lack of constraints upon HOAs is a problem of national dimension.
I am in a 12 year on going
I am in a 12 year on going battle with my HOA. Your HOA sound like mine. I will share some of the things I have done over the years. By no means is there a simple solution. The problem is, most people refuse to get involved, so what your left with is a hand full people that may or may not will back you, even if they feel the same as you. Just by being on this forum would get their attention if they knew.(When my HOA read about themselves on HOA nuthouse(which I e-mailed them) they said I had no right to post forums here.) I told them that their HOA constitution was puny compaired to my U.S.Constitutional rights & go ahead & try to stop me. At one point I joined my HOA board & actually made some motions that got passed for the good of all.(try joining your board, YOU WILL NOT BE POPULAR.) News papers often times will post your story in the paper exposing corrupt HOA board tactics (Boy they don't like that at all).GO TO THE MEETINGS!!!. I know it sucks at these things. But go & don't be shy to talk, but have your facts straight.
Look up Roberts Rules. this is a guide line book many HOA's use to suppliment HOA's.
Then you can point out infrations in front of the audiance. Usually they will undermine themselves by ignoring their own rules & try to lie their way out of sticky situations. Then when they ignore their own rules, make it known that you now understand the rules must not matter any more.
Vidio tape, Document, Keep records of everything.( my box is 16" thick w/ 30 hours of
incriminating footage). I actually got away with filming some meetings. I keep threatening to make a Michael Moore movie under my U.S. Constutional rights. and send free copies of them to state reps, news papers, ect...Be carefull of using names!!!
Basically return the suffering back to their own plate. (Stay legal)
Be carefull of law suite. Maybe sue in small claims court on an individual basis.
That way you don't have to much to loose.
Any way good luck
If you live in a HOA I can't
If you live in a HOA I can't stress the fact that you need to go to the meeting, now will the board listen to you is another thing altogether. During the past year our HOA has gone through some tough times. The president was recalled (thank goodness) but her partner in crime kept her seat by a tie vote 44-44 out of a possible 136. Since that time she thinks that she obtained a mandate from the community to do things her way. She refused to have any contact with the person that replaced her friend and has instructed the management company to do the same. The reserve account has gone from $42,176 to a negative balance inside of two years. Is bankruptcy on the horizon? So in short to make sure your HOA is on the straight, you need to keep an eye on them, so attend the meetings and ask questions.
Keep tabs on your management
Keep tabs on your management company is another piece of sound advice. Not all management companies are created equally. Here in Arizona, anyone can start a management company, no license, no experience is needed at all. A couple of these management companies have been caught stealing from the communities, I think its called embezzlement. It appears the smaller the company the greater chance of getting ripped off.
That seems to be true in AZ.
That seems to be true in AZ. Our property manager, Maureen Watrous of Arizona HOA Management, has been charged with assault! And our dues have increased in the few months she has been "managing" our HOA.

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