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MelJ1 (Pennsylvania)
Posts: 1
Posted:
Our HOA in PA failed to notify the community of the annual meeting in which the budget was voted on and was approved. The only posting about the meeting was done in the newsletter, which is not mailed to all lot owners, it is emailed to most lot owners. The problem is that the Bylaws state it must be postage mailed or hand delivered. Also the meeting date was not posted online. Apparently it was forgotten to be posted. Our by law reads as follow:

ยง5. Meetings
(a). Annual Meeting. An annual meeting of the Association shall be held each year during the last three (3) months of the calendar year. The meeting shall be held at a time and place designated by the Executive Board. Any officer of the Executive Board shall cause written notice to be hand-delivered or sent postage prepaid by United States mail, of the annual meeting to the mailing address of each Lot or to any other mailing address designated in writing by the Lot Owner. Said notice shall not be fewer than ten (10) days or greater than sixty (60) days in advance of the annual meeting. The notice of any annual meeting must state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendments to the Declaration or Bylaws, if any.
(b). Special Meetings. A special meeting of the Association for any purpose or purposes, unless otherwise prescribed by statute, may be called by any officer of the Executive Board and shall be called by any officer of the Executive Board if so directed by resolution of the Executive Board or upon petition signed by forty (40%) percent of the votes of the Lot Owners and presented to the Secretary. Such petition shall state the purpose or purposes of the proposed special meeting. No business shall be transacted at the special meeting except as stated in the notice. Notice of the special meeting, to include the content of the meeting, shall be the same as required for an annual meeting.

I have already contacted the HOA Board and politely approached the issue with them, and they do not want to cooperate.

What are my options here?
TimB4 (Tennessee)
Posts: 21,059
Posted:
I'm sorry to hear about your issue.

Were you in attendance at the meeting? If you were, then you would have no standing in challenging the notification ruling. This is because showing up at the meeting indicates you were notified of it.

Typically, there is no State or Federal government agency that can be contacted to gain assistance. Therefore, it's up to the membership to take care of the issues themselves.

If the Board does not want to cooperate, the options would be:

1) Live with it
2) recall the board
3) chose to not re-elect the board
4) File a legal action to force compliance

Question: Would proper notice have changed anything? That is to say, was the vote so close that one or two votes would have made a difference?

If not, you may want to chose options 1, 2, or 3. This is because option four would, at best, force the board to go through the process again properly. However, the outcome won't change.

If the outcome won't change, seeking legal action will cost you time, energy and money. It will also cost you your share of legal expenses for the Association to respond to the legal action. End result: everyone is out a lot of money and the end result - the approved budget, didn't change.

I do understand the principal of needing to follow proper procedure and holding the board accountable. However, sometimes it's best to pick a different battle.

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