North Carolina PM and BOD not following any of the Bylaws or CCR's

Let me start by apologizing for this extended post but I want to make sure I cover quite a bit that is going on within my HOA. I was a former board member of my HOA until 2008 when I resigned. There were certain homeowners that disagreed with the way that I handled our HOA (which was strictly by our Bylaws and CCR's). My neighborhood has 74 houses. We had a meeting to elect new board members but only 7 members showed up plus there were no proxies sent in. I received a letter shortly after the meeting stating that we have a new PM and new board members. I went to the new PM office to see the proxies stating that these individuals received the 51% vote that was required but the PM told me I could not see their records. A couple months later we had another meeting and the PM stated that our HOA is having to raise our dues from $200 to $300 because our HOA is being sued by our previous PM attorney for unpaid fees for liens he put on some of our properties. The PM also stated that they were doing a special assessment. I reminded them and was willing to show them proof that we had already done our special assessment for the year and our bylaws states we can only do 1 per year. I contacted the attorney and the previous PM company and they stated that they did not know anything about a lawsuit. I contacted the PM and the BOD to see if they would supply me with a docut number from the courts or any documentation to clarify this and neither ever responded back to me. In the meantime I have requested on 5 different ocassions by certified mail, regular mail and emails clarification on how these individuals became our board members without our votes. In closing, myself and other homeowners are very upset because this PM and BOD will not under any circumstances give us a budget ratification to let us know where our money is being allocated. I have contacted our state legislature and a few attorneys with no luck. These are just a few things that are going on in my HOA can someone please give me some guidance!!!!!!!! Thanks

I also wanted to add that if you get a vast majority of homeowners to sign for the special meeting it should send a definate message to the board and PM that everyone is serious regarding the issue.

Hi Joyce:

You might check with surrounding HOA’s and see what attorney they use and get some references. Some attorneys will offer a free consultation, so check around within your local area with 2-3 and potentially get some cost estimates. That way other homeowners can pitch in together and hire the attorney, if needed.