DorieW (Tennessee)
Posts: 52
Posts: 52
Posted:
I have reviewed three things-
Our initial Charter for our HOA filed by the original agent, on May 16, 2001 states that our HOA is a corporation that is a mutual benefit corporation and that the corporation will have members.
Our Restrictive Covenants filed by our Developers/Original Owners on May 27, 2001 states that any amendments made to the Restrictive Covenants would require 75% of the owners agreement in order for legal allowance of the amendment to be permitted.
Tennessee Non Profit Corporation Act states under 48-60-301 Approval by third persons.-The charter may require an amendment to the charter or bylaws to be approved in writing by a specified person or persons other than the board or members. Such a charter provision may only be amended with the approval in writing of such person or persons. [Acts. 1987, ch. 242, 10.30.]
What we have on our hands is an amendment (changing the name of our HOA and changing the name/address of our Agent) signed by an owner in December of 08 claiming to be the President of our HOA when the Secretary of State has on file that another individual (the developer from 2001) along with another for profit company acting as our HOA Agent had filed the annual corporate report for that year as of August of 08 and none of us knew what was happening in the neighborhood but a select few...
Our initial Charter for our HOA filed by the original agent, on May 16, 2001 states that our HOA is a corporation that is a mutual benefit corporation and that the corporation will have members.
Our Restrictive Covenants filed by our Developers/Original Owners on May 27, 2001 states that any amendments made to the Restrictive Covenants would require 75% of the owners agreement in order for legal allowance of the amendment to be permitted.
Tennessee Non Profit Corporation Act states under 48-60-301 Approval by third persons.-The charter may require an amendment to the charter or bylaws to be approved in writing by a specified person or persons other than the board or members. Such a charter provision may only be amended with the approval in writing of such person or persons. [Acts. 1987, ch. 242, 10.30.]
What we have on our hands is an amendment (changing the name of our HOA and changing the name/address of our Agent) signed by an owner in December of 08 claiming to be the President of our HOA when the Secretary of State has on file that another individual (the developer from 2001) along with another for profit company acting as our HOA Agent had filed the annual corporate report for that year as of August of 08 and none of us knew what was happening in the neighborhood but a select few...