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Help us, the old board is nuts

Submitted by kekrla on Wed, 01/06/2010 - 6:24pm.

3 of us were elected in Dec. to the board of our HOA. We do not have a management company. Old board will not give us minutes so we cannot get our names on the checking and savings accounts. Old treasure released his documents to us. We need minutes showing that we were elected anad when. Old board will not answer e-mails or return phone calls. Bills are mounting and no way to pay them H E L P


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Help!!!!!! What happens to

Submitted by jerryfo (not verified) on Fri, 01/08/2010 - 10:53am.

Help!!!!!! What happens to old proposed amendments if they do not get enough signatures??? Do they have to be delared Null and void, do they just fade away? Do we have to file a resolution? We are now working on getting enough signatures to pass a third attempt at passing a second amendment to our CC&Rs but some are questioning the old attempts and signatures. The current amendment deals with other subject matter but the fact that they are still out there is a bone od contention for some residents. Please answer asap, thanks jerryPIXMIS


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They're null and void. If

Submitted by Anonymous2222 (not verified) on Fri, 01/08/2010 - 1:12pm.

They're null and void. If there's not enough support to pass the amendments; they fail and must be brought up again until they do.

Your covenants should provide the percentage of members you need in support of the amendments for passage. It's usually 75% or more.

Unless the amendment language being proposed is clear cut, you ought to have an attorney familiar with association law review the language before presenting it to the members for them to vote.

When proposing the amendments, make them clear as can be; realize that not all individuals process the information the same. Our development has members from around the globe and English is a second language to them, so it may take individual attention to assist them in understanding if they have questions. Make sure the proposal is a 'win-win' for the HOA; if not you may as well go home and save your energy. If it's in the best interests of the association; everyone wins.

Give plenty of time to notify the members of the proposals; a meeting to discuss; proxy-ballot to allow them to vote their conscience. Work with the other board members to answer questions and gather the votes necessary.

Good luck!

Dan


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These are only suggestions.

Submitted by Anonymous2222 (not verified) on Fri, 01/08/2010 - 12:47pm.

These are only suggestions. The former board members may be held liable for their failure of their fiduciary duty. Just because they're no longer in office does not allow them to be free of the expenses due by the HOA. They would be wise to take notice and provide assistance, minutes, etc. so the new members can get on the signature cards otherwise they can expect to have the members file suit which will cost the HOA, but in particular if the former board loses, which is likely from what you've stated, they'll likely pay a much higher price.

It will cost money, but you may have to engage an attorney that is familiar with association law. Once the situation is cleared up, you should be able to be reimbursed through the operating/reserve accounts depending upon what your covenants state since they typically cover the board and homeowners reasonable attorney expenditures. Keep all receipts.

Your HOA is likely a corporation that is filed with your Secretary of State's office. The board members are usually listed. Depending upon the license renewal process, you'll have to file before the new date with the new members and pay a filing fee.

Keep all of your records of contacts with the former board so you can start on correcting the past problems. Print them out if necessary in the case you need to present them to an attorney to reveal that the new members are attempting to do their due diligence.

Get bids for a property manager. In the process they may provide some helpful information to address your situation.

Get familiar with your covenants. They're not exciting, but they are the guide for the board in making their decisions. Be consistent.

If you have the contact information for the members, email, etc.; let them know what the board is attempting to accomplish. You're likely to gain allies. You never know when someone will assist you just at the right moment.

Good luck!

Dan


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Save yourselves a lot of

Submitted by AnonymousXXX (not verified) on Wed, 01/13/2010 - 12:49am.

Save yourselves a lot of grief and unnecessary expenses and dissolve the HOA! It's your only way out of the HOA mess. HOAs do NOT "protect property values" the reality is just the opposite! HOAs are serf farms for HOA lawyers and management co.s. The HOA industry and their paid and lobby-ed legislators and politicians are fleecing you sheeple "homeowners!" Ban HOAs and get a life!!!


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Follow up comment. In your

Submitted by Anonymous2222 (not verified) on Wed, 01/13/2010 - 5:28pm.

Follow up comment. In your efforts to contact the unresponsive and former board members, make sure you send them your requests by registered mail that requires a signature so you can verify your efforts and process to get their compliance.

They're not only hurting the association, but themselves and it would seem an attorney or a judge would come to the same conclusion and rule in your favor.

When all is said and done the members may want to audit the books since it would appear that there may be other issues the former board may not want revealed. A forensic audit is expensive, but at least a standard one should give you some baseline to move forward.

Dan


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