Potential HOA Dictator!

I think your "gut reaction" to having one owner control 2/3's of the community is correct.

But, if the deeds aren't in his name for some of these properties, the "different names" would have to represent themselves tangibly. I'm not sure though.

So did you want to be President? Look at it this way, atleast you won't be the one in the hot seat and responsible for everything. Plus it doesn't sound like he really does own the majority or will in the future. Sounds like he bought the lots to resale to other buyers to outsale the developer. My crystal ball predicts that those lots will go up for sale after the developer leaves. Which means new owners for those lots and them not owning the majority of the lots.

Plus just because one owns a majority of the lots does not mean they are automatically president. They may not want that position. It is up to you all to vote for the board members and then office positions. You could have a chance to be on your board or president just as much.

Jarrod how long ago did these purchases occur?

How long have these individuals owed their lots?

Sounds to me the best you can do is wait ans see and understand if they paid for the lots just like you each owner gets their one vote.

Even though he has 6 of the 9 votes, he must still go through the proper procedures (notices, meetings, holding elections, etc.).


For anything that is voted on by the membership, yes.
As you said, he controls 2/3rd of the votes. Therefore, for anything that requires a simple majority up to 2/3rds of the membership vote for something to be adopted/amended, then he has the votes (this is the same as if the developer was still in control of the Association).

However, for Board decisions, each member of the Board has one vote (regardless of how many lots they own). The authority and power of the Association is implemented by majority votes of the Board.

Granted, that individual, through his voting power, can control who gets elected to the board but he can only elect himself to one seat. Therefore, the other seats will be held by other owners.


Become involved by serving on the Board and encourage your similar minded neighbors to serve on the Board with you. If there are 3 people on the board (that individual and two others) two people who have joined forces may join forces to make their votes the majority.

Also, many governing documents allow for the suspension of voting privileges/rights if an member has not paid their assessments. Since this individual is not paying assessments, then he can not cast a vote for any lot that is behind in the assessment. If he does, the results of the election can be challenged in court.

Yes.

Will your desire for a vote go one way or the other will depend if your "say so" is persuasive enough to sway others to vote as you believe is the correct decision to whatever is being voted on.

Jarrod

Did you ever consider he wants to raise the standard of the neighborhood?

You calling him a dictator says to me you two might have a history. Is this true?

I probably should not have a prejudice against him but I do not have a history with with at all. I bought my lot 1 1/2 months ago and I do not have a house on there yet. The only experience i have with him is trying to introduce myself to him, twice. I did not get a good first impression. The other experience I have with him is only by talking to the other neighbor and the former hoa president ( the developer). He and the developer were in a law suit with a problem with his house with preempt him to stop paying his HOA dues (which he has now recently paid). His intention may be to raise the standards ,even though it is great condition, but I am just fearful that he may want to raise the standard according to want he thinks and not what me and the other owners think. The fact that he went through all the trouble and spent nearly $400K on the other lots indicates that he wants control over the whole area. Again, I just dont want to be living in "his" subdivision. I may be wrong about his motives but from the information I have gained, I doubt it. Please keep the advice and suggestions coming. thanks

Thanks. I want to make sure I understand. He can appoint or vote the board members in then get their votes by proxy, right?

They are public documents at your local courthouse in the records department. The articles of incorporation are posted online somewhere on your state's website. The by-laws may or may not be filed. They are not required to be filed but may be with your CC&R's. Your HOA may have a Archectual Control Committee (ACC) that would have it's own paperwork and be internal. That is a separate committee separate from the board but the board does override them.

It depends if your president can assign board members or not. That would be in your documents on how elections are done and office positions assigned.

You have my sympathies. I bought a home in an 8-home HOA and spent the first 5 years battling the developer, who continued to own 6 of the homes because of a market downturn. I was the only homeowner living in the community; the rest of the homes were rentals. It was a living nightmare and I finally refused to be on the board because I was powerless, anyway. Instead, I turned it around on the developer and demanded, as a member, that they enforce the CC&Rs in the development, but I had ton constantly threaten lawsuit to get anything done.

I will never EVER buy another property in such a small HOA again. Ever.