Board of Director violates CC&R (?)

Started by AlexC1 • 4 replies • 2048 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

AlexC1 (Florida)
Posts: 25

Posted:

Our FL association's Board of Directors consisted of 3 members then the Vice-President died suddenly at mid-year and another (the President) moved out of the county but alledgedly told the remaining member (Secretary) to 'run the association'. A Board meeting was held 2 months later where the secretary announced a home owner would fill the Vice-President's position. The president was in attendance but not the new Vice-President. The secretary also read a document she drafted that consolidated and summarized our By-laws and CC&R as a tool for all home owners to use. In that draft document the secretary stated that political signs would be allowed 15 days prior to an election, while our CC&R prohibits signs other than a 'For Sale' sign. The draft also states a homeowner's SUV with 'Community Service' logos all over it can be parked in the driveway although our documents has a 'No Commercial Vehicle' rule.

There has been no Board meetings other than the one as described above, and the President has not been active in the comunity since. The secretary is also on the Archtectural Review Board, making it difficult for a homeowner to appeal a disapproval. If the management company doesn't take any action to rectify the secretary's 'all-mighty' position, who can a homeoner complain to ??

RogerB (Colorado)
Posts: 5,067

Posted:

Alex, before you complain make sure there is something which is not proper. Are you sure the MC has not provided guidance to the Secretary regarding State statutes which override CC&Rs? In Colorado that is the case for political signs and certain types of vehicles. Also, from what you stated the Secretary may be in compliance with the Bylaws in appointing a Board member to fill vacancy.

An association member with a valid complaint can submit their complaint in writing to all current Board members.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Alex,

Sounds like your Association is lacking volunteers willing to step forward to fill these vacant seats. If you haven't already done so, perhaps you would indicate a willingness to fill a seat on the Board or the ARB.

As for political signs, many States have enacted laws prohibiting HOA's from banning political signs. You should check your State Statutes. Our HOA recently amended our guidelines to prohibit political signs from the common areas but, due to VA law, did not mention anything about individual lots.

Tim

MaryA1 (Arizona)
Posts: 388

Posted:

Alex,

You need to thoroughly read your gov docs and also state law to determine if the Secretary has violated eithe or both. From what you have written it appears that she may have, but it really depends on exactly what your docs and state law say. Also, generally speaking, the board has the authority to interpret the gov docs however that interpretation cannot be contrary to what is written in the gov docs. Therefore,if your docs say "no commercial vehicles" period, then an exception cannot be made for certain types of commercial vehicles. BTW, I would look at the actual bylwas and CCRs and NOT the Sec's summarization and consolidation. "Summarization" and "Consolidation" could mean important info left out!

I would suggest that your gather your friends and neighbors and try to find willing candidates for the vacant board positions. The best way to make change is at the ballot box!

As Tim has stated, many states have enacted laws pertaining to political signs, AZ also has laws that allow parking of certain emergency vehicles.

AlexC1 (Florida)
Posts: 25

Posted:

Thanks to all who responded, I didn't realize there may be new state laws that supercede our HOA documents. I'm now in the process of searching through our FL Statutes ..... and hope to be better informed.

Thanks again for all your support.

Alex

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here