Quorum Requirements and Illegal Vote

My HOA’s BOD consists of 8 members with 5 being a quorum. There are 6 active members. The BOD held an e-mail vote yesterday in regards to releasing a lawsuit against me for dues and fees. We paid the dues and fees plus a late fee but they are not releasing the lawsuit because of the filing and service fees. I explained in previous posts the reason behind not paying the dues and fees. There are a couple of bullies on the board, they don’t treat members fairly, they practice selective enforcement among other things. I was just trying to get their attention. One of the inactive members e-mailed me and indicated that he would abstain from voting. The other inactive member suddenly became active again. I believe he was recruited by one of the bullies to ensure the quorum requirements were met. The results of the vote ended up 2 to release the suit and 5 to not release it. So if the inactive member had not voted, a quorum would not have been met. What is one to do?

Thanks Tim for the explanation on voting vs. attendance. Ha its my fuzzy math!

Sherry

Yes. I explained that before. You may not agree with my method but that is what I did. My purpose was to force a small claims case against me and argue because of document expiry the HOA has no assessment rights. That is exactly what happened but decided to pay the dues and fees and try to help with the process of reinstatement by working together with my neighbors to accomplish the task. The same day I let them know I was going to pay the dues, I was served a small claims notice. They cashed the check but they refuse to release the lawsuit because they want me to pay the filing and service of process fees. I refused. This is what prompted the vote whether to release or not release the lawsuit. There are 2 BOD members who are bullies. They went around the neighborhood and made false statements about me, they have bullied others in the neighborhood, BOD members get special treatment, and I could go on.

In Iowa the Covenants have a 21 year time limit. Our subdivision's covenants expired in 1992 but the association has ignored that and has continued as usual because no one has challenged them on it except me. I didn't even realize it myself until a couple of years ago. These people are bullies and frankly I'm a little afraid of them but feel strongly that someone needs to step up and expose them for what they are doing. I have no money for an attorney. I have contacted the Iowa Attorney General but they said these are contract cases and there wasn't anything that they could help me with.

I am at a loss as what to do next. - Sherry

Sherry,

I understand your reasoning, as it was fully discussed in your previous thread.

Here is the issue now (as I see it and again, I'm not an attorney or legal professional):

HOA made assessments on your Lot.
You claim that is illegal because the covenants expired but understood that water/sewer service was still provided.
HOA claimed you owed the assessments because they are an HOA and brought legal action
You paid the Assessments.
HOA now wants court costs/attorney fees

As a layperson, I see that a court could take this in any of the following ways:

Paying the assessments indicate that you supported the HOA's authority to levy the assessment - hence you owe for costs of collection.

The HOA doesn't have authority to levy assessments as the covenants did expire. However, the corporation (known as HOA, Inc.) does have the authority to charge for services provided. Hence you owe for costs of collection.

The HOA doesn't have authority to levy assessments as the covenants did expire. However, the corporation (known as HOA, Inc.) does have the authority to charge for services provided. Since the complaint in the legal action is for assessments vs. a collection effort for a charge for service, and there is no contract indicating costs of collections will be paid by client, legal fees/court costs will be born by those who brought them.

Basically, its a 50/50 shot.
My advice, consult with an attorney.

Glen,

There have been disputes between the board and a different neighbor which resulted in a restraining order against the board member.

Its not that simple to elect new board members. This is a very small community. No one else will run for the board.

I agree that I could have handled this differently but I didn't but that does not change the fact that I have serious concerns about how this BOD manages the affairs of the neighborhood.

Ultimately, my goal will be met to expose the BOD for their incompetence and illegal practices. I have filed a counter claim.-Sherry