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Started by DonaldM3 • 6 replies • 1620 views

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DonaldM3 (South Carolina)
Posts: 132

Posted:

We’re a community of 400 plus homes and growing. Our community is still run by the builder with a board consisting of two builder appointees neither of who is a HO. I asked our management representative today how often the board meets and if their minutes are available. I was told there are two board members (President & Treasurer) who do not meet but conduct all board business by email. There is an HOA meeting every JAN. Do we have any recourse or do we have to just let the tail wag the dog until turnover (estimated to be at least two years away)?

SusanW1 (Michigan)
Posts: 5,202

Posted:

Try to find out what the definition of "board" is now. Perhaps there are some unfulfilled membership positions open. They have no power, but can a presence at meetings.

But, no, you are in a limbo until the turnover.

JeffP6 (Florida)
Posts: 91

Posted:

what do your docs say? it should be specific regarding meetings. additionally does SC have an open meeting law? If the 2 board memebers met like that in FL without putting anything on monthly open board meeting agenda then it would hit the fan in a big way.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Officers are not always the same as Directors. Therefore, the Treasurer might just be an officer of the Association and the Developer is the actual Board - hence no official board meetings, just the running paying of association bills.

As was suggested, check your documents to see if Officers are elected or appointed and if they must be a member of the Board. You may always bring the question up at your annual meeting.

MaryA1 (Arizona)
Posts: 388

Posted:

Donald,

It's not unusual for the declarant to not hold board meetings while in control of the assn. I know my developer of my former assn never did during the 2 yrs he was in control. The board members were officers of his home building corp. Also, we never had an annual meeting until the one that was scheduled at turnover. If there are no elections to take place usually there is no need for an annual meeting. However I would like to think these procedures would be much different for communities that take years -- sometimes decades -- to build. If you have questions, there's no reason why you cannot call or email the developer. I had a good rapport with our developer and also with his corp officers during the period he was in control of our assn. This was very favorable to the BOD and assn after transition while I was a board member.

DonaldM3 (South Carolina)
Posts: 132

Posted:

Thanks all! No, SC does not have an open meeting law; officers are appointed by the builder and will not be elected until near turn-over.

Mary, you hit the nail dead center – what you experienced is exactly what is happening here. I have been denied the only request I have made to the board (via the management company). Like Susan said, we will be pretty much in limbo for the next couple/few years. It appears that an Advisory Committee will soon be formed by the board and I have submitted an application for consideration. We’ll see.

MaryA1 (Arizona)
Posts: 388

Posted:

Donald,

My advice to you is to keep your communications with the builder on a friendly level. I've always felt it pays to apply a little sugar than vinegar == I'm sure you know what I mean.

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