President of HOA Fiduciary Responsiblity

My mother passed away last year and I am the serving trustee of her estate. I learned that the past President of the HOA for 2007 & 2008 did not hold a homeowner's meeting for over a year even though the homeowners very much wanted them. The deferred maintenance during that time period has gotten worse and more expensive. Is there any legal recourse against that President for not holding meetings and not meeting her fiduciary responsibility to the homeowners?

Thank you,
Santa Monica, California

Are you saying the board did not CALL an Annual Meeting of the Members for 2 years OR there could not be one held because the Members did not show up for their own meeting.

Are board meetings being held?

Kaden !!!!
First you say one thing, then you say another. You changed the entire meaning of the post!

This new BOD does not have to be influenced by a member IF they remain focused.

Kaden,

Sorry for your loss.

Your mothers estate (a separate entity) owns the house from the time of your mothers death until the estate is settled. As you are aware, as the trustee of the estate, you would be the legal representative of the owner.

My suggestion would be not to dwell on the past but to move forward from where you are with the Association. As the representative, send notification to the Association of the death and that you are now the point of contact. Inform them that you are very interested in the Association and request that you are notified of all board meetings and annual meetings. You should then request a copy of the governing documents.

When it comes close to the annual meeting time and you felt a notice should have been given out, ask about it. Reference any relevant section of the governing documents in your request.

Since you are aware that the current President doesn't have the time to properly do the job, offer to assist. If your planning on keeping the property, consider running for the board.

Hope this helps,

Tim