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RobertR1 (South Carolina)
Posts: 5,164
Posted:
From reading through a lot of these subjects, it seems clear the same problems are cropping up all the time. So, I will pose my concerns and make a request, hoping something I can use will pop up,
If you have ever faced my concerns and no longer have them because somehow, you solved the problem, tell me how.

#1 When the Board presedident and Board violate the CC&R's, what is the solution to make the matter right.

#2Who can send me a copy of a legal proxie and instructions how to handle these proxies to keep it legal.

#3. Can Robert's rules of order be enforced? How?

#4 If a Board will not allow homeowners to attend (teleconferences)board meetings, how can you make them.

%5 I know you can't make a motion, can you speak for some alloted time on a subject concerning Associations business.

Are their legal rules about Homeowner Regular Board Meetings? Does what it deemed to be illegal actions by the Board does this mean the meeting is void.

I know the best way to change is a cxhange of President and board members, that is in the plans. When all this happens and a new slate is named how do you assure the owners this will not happen on your watch, and more importantly, how do you explain to owners, why the new regime is making the changes it has to make, with a civil war?
BrianB (California)
Posts: 2,820
Posted:
I will do my best to answer your questions... with my opinion/experience.

#1 When the Board presedident and Board violate the CC&R's, what is the solution to make the matter right. education first (maybe they don't know the rules as well as they should), then letters/public information, then potential lawsuit, or elections.

#2Who can send me a copy of a legal proxie and instructions how to handle these proxies to keep it legal. Not I, arizona doesn't allow them anymore. However, almost any piece of paper signed by an owner can be used to give their proxy to someone else.. kind of like a will. there are forms, but almost anything can work.

#3. Can Robert's rules of order be enforced? How? Enforced? no. Robert's rules are not statutes and have no legal standing. they are simply a code of conduct that SOME people agree to use in running a meeting. that's all. they have as much legal effect as Calvin's rules for Calvin ball.

#4 If a Board will not allow homeowners to attend (teleconferences)board meetings, how can you make them. education. remind them of the by-laws, which probably state that meetings MUST be open, unless specifically closed for certain types of business. then, public information, lawsuits, and elections.

%5 I know you can't make a motion, can you speak for some alloted time on a subject concerning Associations business. All depends on if you are on the agenda, and if the board follows that agenda, etc..

Are their legal rules about Homeowner Regular Board Meetings? State laws? Yes, some. But your by-laws are the best source of details on how your board should be doing business.

Does what it deemed to be illegal actions by the Board does this mean the meeting is void. not necessarily.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Thanks a bunch Brian. I shall now use this information to inform our little (when it's broke, fix it) group. I think we have gone above and beyond trying to get all this fixed in an amiable matter. In the next several months before our annual meeting, we will make preparations.
RogerB (Colorado)
Posts: 5,067
Posted:
Robert, in answer to your questions:
1 Remove them from the Board in accordance with your By-laws.
2 Attached is an example.
3. Yes, if your By-laws call for using Roberts rules of order. You can appoint a parlimentarian and when the chair fails to follow Roberts rules of order any member can call for "a point of order".
4. First do your By-laws allow for Board meetings by teleconference? If they do then it should only be for voting on important emergency items and therefore members would not be advised.
5. In Colorado the Common Interest Ownership Act requires members be provided an opportunity to speak.

Changing Board members does not guarantee there will not be owners who are dissatisfied in the future. The explaination to owners for removing the current Board members will be discussed before and at the meeting where at vote is taken for removal.
RogerB (Colorado)
Posts: 5,067
Posted:
Posted By RogerB on 11/29/2006 7:16 AM
2 Attached is an example.


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RobertR1 (South Carolina)
Posts: 5,164
Posted:
To Rodger and to Brian.

My thanks to you both. Makes our group more comfortable in trying to change things the right way

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