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Feeling nervous

Started by PamelaM5 • 11 replies • 1497 views

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PamelaM5 (Florida)
Posts: 85
Posted:
I'm feeling nervous right about now. We have a board meeting tonight where I'm bringing up the subject of an improper vote on ARB amendments two years ago, before I was on the board.

The opportunity to vote was extended to only 92 single family homes in our 352 single-family/multi-family community. The vote goes against our Covenants, our by-laws and FL 720, which we operate under.

One of the masterminds of this vote is still on the board, as is the wife of another. I know it's going to be contentious and I'm armed to the teeth with facts.

Somehow I don't think they're going to care.

On top of that, after they passed - by 28-30 votes in some cases! - they were filed incorrectly with the County Clerk, further invalidating them - and that has to come up, too.

Wish me luck!
BB5 (Missouri)
Posts: 145
Posted:
Wish you ALL THE LUCK ! We have a lot of that going on but if you say anything nasty untrue letters are distributed by the "Dictatorship" would be nice to get more involved most do not want to be tagged as hard to get along with so they go along.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Pamela,

Do your documents, protective covs or bylws require a vote by the membership to adopt or amend your ARB rules or guidelines? Normally the committee and Board create them off of the restrictive covenants. Before you bring this up at the Board meeting, make SURE!! that they are not member voted on. I have never seen them as member approved so make sure how they are created.

YES!! they are written from the restrictive covenants but not voted on by members.
PamelaM5 (Florida)
Posts: 85
Posted:
Quote:
Posted By DonnaS on 03/08/2011 12:45 PM

Pamela,

Do your documents, protective covs or bylws require a vote by the membership to adopt or amend your ARB rules or guidelines? Normally the committee and Board create them off of the restrictive covenants. Before you bring this up at the Board meeting, make SURE!! that they are not member voted on. I have never seen them as member approved so make sure how they are created.

YES!! they are written from the restrictive covenants but not voted on by members.

Yes, members do vote. Both our Declaration of Covenants and Articles of Incorporation say that amendments must be made by a vote of the majority of members, including amendments to the ARB bylaws. The problem is that the board had only one of our five member communities vote when I believe that all of them should have, according to what our docs say.
GlenL (Ohio)
Posts: 5,491
Posted:
IMHO before you bring it up at the meeting, even if it is on the agenda (it can be tabled), I would get the person who is still on the Board and ask them what the reasoning behind everything was. It may be that they have an entirely different take on the matter and may be correct or you may be correct but before you accuse them of incompetence or fraud in a public forum, you should get their side. That is unless you thrive on drama and controversy.
Studies show that 5 out of 4 people have problems with fractions
PamelaM5 (Florida)
Posts: 85
Posted:
Quote:
Posted By GlenL on 03/08/2011 2:33 PM
IMHO before you bring it up at the meeting, even if it is on the agenda (it can be tabled), I would get the person who is still on the Board and ask them what the reasoning behind everything was. It may be that they have an entirely different take on the matter and may be correct or you may be correct but before you accuse them of incompetence or fraud in a public forum, you should get their side. That is unless you thrive on drama and controversy.

I've been doing that for the last month and have met with total resistance.

However, I just got back for the meeting and the entire board agreed with me, a unanimous vote was taken to rescind the amendments and we're hiring an attorney - a new one - to have them removed from the county clerk's site.

Sometimes hard work pays off!
TimB4 (Tennessee)
Posts: 21,059
Posted:
Congratulations on correcting a wrong
PamelaM5 (Florida)
Posts: 85
Posted:
Quote:
Posted By TimB4 on 03/08/2011 4:26 PM
Congratulations on correcting a wrong

My mission in life.;-)

I'd like to thank everyone who's offered advice in the last month or so. It's been invaluable.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Way to go Pamela ... as we all keep saying knowledge is power, so it can pay to have your ducks in a row.
SusanW1 (Michigan)
Posts: 5,202
Posted:
The motion was "out of order" because the procedure was not in conformance with your HOA laws governing voting.

Simply declare it "null and void" by a majority vote of the board.

Note: the motion CAN be brought up again later and properly voted on.

Note: IF the motion had be voted on properly (in conformance with HOA voting laws), the motion would have had to be rescinded by a 2/3 vote.

SusanW1 (Michigan)
Posts: 5,202
Posted:
. . . 2/3 vote of the Membership, not the board.
SusanW1 (Michigan)
Posts: 5,202
Posted:
. . . 2/3 vote of the Membership, not the board.

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