Our HOA was hijacked

Several HOA homeowners who have been subject to constant violation letters have rallied a large amount of homeowners to organize their own HOA meeting (not official meeting) and vote in their own board. They carried this out and around 70 people showed up (out of around 350 homes) to this unofficial meeting and elected new board members. Our checks for the HOA are at a property management company and we are not sure what legal means they will use to obtain the cash in the account and checks from the PM. I'm going to see an attorney tomorrow. My question is, has this crazy situation been caried out before?

Thanks for your time responding.

after reading Glen's answer I'm not sure I understand the question - here's what I think you're asking - you have a subgroup of homeowners who formed their own HOA and want to proportion the existing assets and income.

don't know if its' been done before but I don't think they would have a legal leg to stand on - good luck !!!

Wait a minute -
did they call a special meeting, with due notice to all members stating the purpose of the meeting?
did they have a quorum?
did they recall the current board, by motioned vote(s)?
did they elect a new board?

They MAY have done this legally.

If not, laugh it off.
If so, you have a new board

The only way this could have been done legally is IF the members are authorized, through the bylaws, to hold a meeting w/o the board being involved. I've never heard of any bylaws that allow this. Mostly it's stated that the Pres will preside over the meetings of the assn and the board is charged with noticing and holding meetings. Even if they followed all the correct procedures for noticing and holding a special meeting and met all the quorum requirements if they were not authorized to hold the meeting w/o board involvement then it was not a legal meeting. I would suggest the board contact an attorney immediately. In the mean time the board should take steps to ensure they cannot access the assn's bank account and hold off turning over any records to this "board". Perhaps a letter to the community stating the BOD is waiting for a legal opinion would also be in order.

I doubt the required quorum was met with only 20% of the members in attendance. My bylaws state a special meeting may be called if 25% of the members petition the board to hold a meeting and then a majority quorum is required to hold the meeting. The members resp for holding this meeting are those who are in violation of the gov docs so it's understandable they would not be concerned with abiding by those same gov docs with regard to holding a meeting and voting in a new BOD. IMO, these are the type of members that should be running the assn -- NOT!!!

Never say never. Ours sets the procedure for homeowners to petition the Board to call a special meeting and if it doesn't within the specified time frame - it allows the members to call and hold the meeting.

Glen,

I didn't say "never". I said the only way it could be done legally is if the members are authorized to hold a meeting.

That was an aside to my first statement.

Donna,

I don't understand why the BOD (the original board) would be wondering what the PM might do. The board is in charge; not the PM. IMO, all they need to do is to inform the PM that the election was not legal and they are still the board members, not those individuals who were elected at this meeting. The PM should also be instructed to inform the board Pres of any communications with this rogue BOD and any attorney they may hire. The PM needs to understand that, no matter what occurs, he/she is working for this board and cannot do anything the rogue board tells him/her to do.

For single family home info here is the non-profit corporations act: http://www.legislature.idaho.gov/idstat/Title30/T30CH3.htm
There is alot of different sections pertaining to meetings, so something here may answer your question.

Here is a link for your state property statutes and Chapter 15 pertains to condominiums: http://www.legislature.idaho.gov/idstat/Title55/T55.htm