HOA Decision Making

Started by LyndaR • 9 replies • 2429 views

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LyndaR (Georgia)
Posts: 8

Posted:

I am a volunteer for a community in GA with an HOA of six board members without any covenants. I was wondering if the HOA board members were obligated to advise the members (the people who actually DO pay their dues because it's not mandatory) prior to making any decisions that will have an impact on the community? Can these six people make decisions for the entire community? Most residents DO NOT attend the HOA quarterly meetings, therefore, any and all decisions, be it large or small, are being passed without any input from the residents/members.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lynda,

If you have no covenants, what authority does the Board have thru a Charter or Articles of Inc? Was the Board appointed by a developer? Do you haave rules? Please give us a bit more information. Thank you

BrianB (California)
Posts: 2,820

Posted:

They have the same obligations as our other elected officials, that is, none (that are enforceable). We elect them and give them the power to make decisions. Our power comes every year at the ballot box, should they not exercise theirs properly.

LyndaR (Georgia)
Posts: 8

Posted:

I am not sure who started the HOA. If the builder started it, wouldn’t there be enforceable covenants and rules/regulations? We have a president, treasurer, front entrance, membership, etc. The dues are only $48.00 a year and are NOT required; it is strictly voluntary. The dues pay for front entrance keep up, pine straw, community garage sale; things like that.

However, there have been some decisions that affect the community that have been made without the members being contacted for their opinions (votes). Example: This year they decided to spend $350.00 for a huge plastic graduation sign that remained up for three weeks and then disposed of. We used to just post “congrats” on our front entrance information sign which costs nothing. This seems like a huge waste of money, not to mention hideous. They also tried to install speed humps/bumps without contracting anyone if they felt this would degrade the value of our homes! Thank God that was denied by the local government!! The only things they can enforce are county regulations. My question is really things that cost money and affect the community.

Shouldn’t all decisions that require spending be voted on or can these 6 people make all the decisions for the residents - be it members or not? Is it that the members aren’t present to voice their opinion in the meetings that they move forward? The meetings are very formal and most residents do not care to participate.

EbonyJ (Tennessee)
Posts: 62

Posted:

The board does not have to inform the membership of their decisions. You elect people that you think will do the best job for the community. You can mobilize and get people to attend the meetings and voice their concerns

LyndaR (Georgia)
Posts: 8

Posted:

Thank you very much. That makes sense and I will be sure to advise the other voluntary residents that pay their dues, which mean they are passionate about the decisions being made, that in order to be made aware they need to be present for all HOA meetings.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Lynda - it sounds like you have assets - roads and entrance way area.

How are these being maintained? Do you have sidewalks, beach, common roofs?

What kind of HOA are you? Describe your setup, please.

LyndaR (Georgia)
Posts: 8

Posted:

Quote:

Posted By SusanW1 on 08/26/2011 5:57 AM
Lynda - it sounds like you have assets - roads and entrance way area.

How are these being maintained? Do you have sidewalks, beach, common roofs?

What kind of HOA are you? Describe your setup, please.

Susan,
I’m so sorry for the delay in response. I’ve tried to distance myself for awhile because it was becoming so upsetting. Even with the position I have, I have no voice even with the position I hold which is more than most.

We do have assets. The monies are allotted across many areas, such as the front entrance upkeep, pine straw, sidewalks, and many other areas within the community. They spend money like previously posted above on a throw away plastic sign and have BBQ’s for ALL residents – even those who haven’t paid dues which means I’m paying for them to eat – which really makes me angry. The dues are ONLY $48.00 A YEAR and are NOT mandatory!

I’m trying to get an answer to is this:

The meetings are SO political in nature with minutes and all the usual HOA meetings, which they must do to meet the law logistics of having an official HOA and for this reason residents DO NOT attend. I feel they should still have a voice however.

Shouldn't the HOA, at minimum, notify those people who have paid their voluntary dues, be informed of what decisions are being made? Otherwise, it all comes down to those 6 board members attending the meeting and everyone else has no voice. If this is the case, we have to have faith in those who are appointed – again most wouldn’t even appoint those!

80 out of 250 people seem to care enough to pay the voluntary $48.00 a year, but they just don’t want to attend meetings. ***I’ve requested they at least send out a letter (postal paid return) for those to vote, but the HOA wasn’t too happy on that, but again will spend $350.00 on a disposable banner.

If we could send the self addressed stamped letters for voting to those people would have paid their dues that seems like a good solution. But from what I’m reading, if they don’t attend the meeting it’s our fault and nothing we can do but go with what the board decides? It’s up to those who attend?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LyndaR on 01/30/2013 8:50 PM

Shouldn't the HOA, at minimum, notify those people who have paid their voluntary dues, be informed of what decisions are being made?

Should they? - in my opinion, yes.
Are they legally required to? - This would depend on your governing documents and State laws.

What should be done is not always what legally needs to be done.

Does the Association have a newsletter? If it doesn't perhaps you can volunteer to put one together. If it does, perhaps the individual putting it together doesn't have the time to do it properly. Perhaps you can offer to write articles about what the Board is doing.

Quote:

Posted By LyndaR on 01/30/2013 8:50 PM

Otherwise, it all comes down to those 6 board members attending the meeting and everyone else has no voice. If this is the case, we have to have faith in those who are appointed – again most wouldn’t even appoint those!

Unless the governing documents or applicable laws require membership input or vote, then the elected/appointed board has the authority to make the decisions for the Association. Unfortunately, for various reasons, there are few in an Association who are willing to volunteer. The fewer volunteers, the fewer choices on who will make the decisions for the Association that may or may not impact your life. This is why it's imperative that the membership of an Association be involved.

Quote:

Posted By LyndaR on 01/30/2013 8:50 PM

80 out of 250 people seem to care enough to pay the voluntary $48.00 a year, but they just don’t want to attend meetings.

Out of 130 in our mandatory Association, 24 show up to the meetings with another 20 or so providing proxies. However, if the Board didn't go knocking on doors I don't think we would have that many proxies.

I mention this to show that, and it's sad to say, your Association participation seems to be similar to others.

Quote:

Posted By LyndaR on 01/30/2013 8:50 PM

***I’ve requested they at least send out a letter (postal paid return) for those to vote, but the HOA wasn’t too happy on that, but again will spend $350.00 on a disposable banner.

Posted By LyndaR on 08/24/2011 8:59 AM
Shouldn’t all decisions that require spending be voted on or can these 6 people make all the decisions for the residents - be it members or not?

A good board would solicit input from it's membership.
However, they shouldn't do it for every decision as it is expensive.

My Association did that concerning a design guideline. We had the two most vocal individuals on the issue write opinion papers and included them in a survey asking for input. The Board even included self addressed stamped return envelopes. We had 57% respond (which I'm told is an excellent response for a survey but I wanted more). The cost, $300 (printing, envelopes, postage)

It could also be that those who are willing to voluntarily pay assessments do so because of the banners, parties, etc. Perhaps the Board is concerned that if these things lessened then the number of voluntary payments would decrease.

Quote:

Posted By LyndaR on 01/30/2013 8:50 PM

But from what I’m reading, if they don’t attend the meeting it’s our fault and nothing we can do but go with what the board decides? It’s up to those who attend?

The short answer is Yes. Those who are willing to participate in the process (even if it's just showing up at a meeting and casting a vote) will be the one's who make the decisions.

Does your Association allow proxies?
If it does, then one or more individual could at least solicit proxies and perhaps make changes that way.

PaulM18 (Virginia)
Posts: 46

Posted:

It almost sounds like you have a Civic League vice a HOA...

If its not manditory and you don't agree with how the money is used: run for office or stop paying

In any case if they are a HOA they should have articles of incorporation and bylaws on how the organization is run.

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