Allyse Place HO Association

I am a member of the above home owners association and I need answers.

Can our board members arbitrarily spend money to maintain the common space without notifying home owners on expenses and yet, raise dues without providing expense information, ie yearly treasury reports or expense activity/changes to home owners on said common space?
One meeting a year is held each year for elections of board members and the board members remain the same; there are 2 board member for nine residences.
Additionally, for the last ten years the bylaws have never been enforced on any level. Is this legal?
The president has virtually ignored my inquiries and only wants me to pay dues each month. I have no idea what the expenses are that require a raise in my association dues. $360 is collected each month, which amounts to the association collections 4320 per year.
Anxiously awaiting the opportunity to discuss these issues,
R Pena-Trujillo

Statutes for New Mexico Non-Profit Corporation:
http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

53-8-27. Books and records.
Each corporation shall keep correct and complete books and records of account and shall keep minutes of the proceedings of its members, board of directors and committees having any of the authority of the board of directors. Each corporation shall keep at its registered office or principal office in New Mexico a record of the names and addresses of its members entitled to vote. All books and records of a corporation may be inspected by any member, or his agent or attorney, for any proper purpose at any reasonable time.

Read your HOA By-Laws and Covenants … this will tell you what your association is allowed or not allowed.

1. If the documents require the common space to be maintained … then the board is not arbitrarily spending money to maintain, but is REQUIRED to maintain the space. However, you as a member can inspect any and all records. It is money you pay and you have a right to view and feel comfortable with how HOA business is conducted.

2. Even though you have one annual HOA meeting and elections, the board also has meetings and should have minutes of these meetings. Not sure what you mean about bylaws never enforced ... the By-Laws generally are just the guide regarding meetings, elections, etc. The Declaration of CCR’s would be the rules, etc to be enforced. If they are not properly enforced, then certain rules have or will potentially become unenforceable.

3. Send your next inquiry to the president via certified return receipt mail and copy the other board/officers. Then everyone will be on notice regarding the lack of response and your questions or concerns.