How to get a petition with only a few owners?

JackieH1 (North Carolina)
Posts: 1

Posted:

I live in a community which has a board and a Management but if you came by you would call me a liar.. no joke they do nothing for my community they only take our money and have meeting once a year which I attend several and have gotten no result in getting my questions answer by the management or the board one of the question- where is the budget ratification showing how our money is being allocated? How did you come up with this amount for the dues without a budget? they change the subject right away, and respond we will get back to you and they never do. Is like going to a meeting with Charlie Brown teacher no one in that board or Management make any sense. Is one thing is very obvious and clear as water they taking the money the community money and doing nothing to show for it. So I need you to tell me how can I get a petition going to get rid of the Board and the Management when we have more investors that rent there homes than homeowners who reside in the community.thank you in advance!!

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Jackie:

To determine if you are considering the best option, I have a couple of questions:

1) When is the association annual meeting held? If the meeting is going to take place within a month or two then you would be better off to potentially get proxies for the meeting.

2) Have they not been holding member meetings to ratify the annual budget? Technically if you look at (c) in the below referenced statute per the last sentence, if a new budget is not ratified then the “last ratified” budget is to be used. Have they increased assessments without a new ratified budget?

§ 47F 3 103. Executive board members and officers.

(a) Except as provided in the declaration, in the bylaws, in subsection (b) of this section, or in other provisions of this Chapter, the executive board may act in all instances on behalf of the association. In the performance of their duties, officers and members of the executive board shall discharge their duties in good faith. Officers shall act according to the standards for officers of a nonprofit corporation set forth in G.S. 55A 8 42, and members shall act according to the standards for directors of a nonprofit corporation set forth in G.S. 55A 8 30.
(b) The executive board may not act unilaterally on behalf of the association to amend the declaration (G.S. 47F 2 117), to terminate the planned community (G.S. 47F 2 118), or to elect members of the executive board or determine the qualifications, powers and duties, or terms of office of executive board members (G.S. 47F 3 103(e)), but the executive board may unilaterally fill vacancies in its membership for the unexpired portion of any term. Notwithstanding any provision of the declaration or bylaws to the contrary, the lot owners, by a majority vote of all persons present and entitled to vote at any meeting of the lot owners at which a quorum is present, may remove any member of the executive board with or without cause, other than a member appointed by the declarant.
(c) Within 30 days after adoption of any proposed budget for the planned community, the executive board shall provide to all the lot owners a summary of the budget and a notice of the meeting to consider ratification of the budget, including a statement that the budget may be ratified without a quorum. The executive board shall set a date for a meeting of the lot owners to consider ratification of the budget, such meeting to be held not less than 10 nor more than 60 days after mailing of the summary and notice. There shall be no requirement that a quorum be present at the meeting. The budget is ratified unless at that meeting a majority of all the lot owners in the association or any larger vote specified in the declaration rejects the budget. In the event the proposed budget is rejected, the periodic budget last ratified by the lot owners shall be continued until such time as the lot owners ratify a subsequent budget proposed by the executive board.
(d) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the executive board.
(e) Not later than the termination of any period of declarant control, the lot owners shall elect an executive board of at least three members, at least a majority of whom shall be lot owners. The executive board shall elect the officers. The executive board members and officers shall take office upon election.
(f) The association shall publish the names and addresses of all officers and board members of the association within 30 days of their election. (1998 199, s. 1; 2005 422, ss. 2, 3.)

SusanW1 (Michigan)
Posts: 5,202

Posted:

Jackie - your board MUST meet. A part of that meeting is the treasurer's report. It will be attached to the minutes of that meeting.

As a member of the HOA, you are allowed to have copies of all the paperwork of the HOA. Request copies of the minutes and the treasurer's report.

There also MUST be a Member's Annual Meeting, where the Members attend and hear reports from the board on what they did during the year. The end of year financial report is given. It should show the budget and how the money was spent in relation to the budgeted amounts. Members should have received copies.

Your board needs to hear from you that you are dis-satisfied with the service the MC is giving, BUT you must review all your paperwork before you stand up and tell them how bad things are.