JeffW10 (Missouri)
Posts: 2
Posts: 2
Posted:
Located in Missouri
We received notification that there was going to be a meeting to vote to reinstate the HOA and if that passed a vote would be taken on which route to take 1) self-managed or 2) company managed.
That was all the information that we received in the email that we got less than 7 days before the scheduled meeting. We were told that if we could not attend the meeting to respond to the email so that they had our vote in writing.
We were unable to attend the meeting and emailed out vote in as requested. We received an email after the vote and was told that the vote had passed to reinstate and that the HOA would be self-managed. There was a vote on the Board of Directors as well.
There have been some emails going back and forth between some of the homeowners about a fee that was decided on at this meeting (which was not provided in the email that we got stating the results of the vote). I note, there was no information provided in the email that fee amounts would be discussed, if there had been - we would have skipped our activity that prevented us from attending the meeting. In these emails there has been some questioning of the amount of votes that was received. When a question about the number of votes was brought to the person that ran the meeting that a particular number was not the 2/3's required, the number of for votes was changed. I have now heard 3 different numbers of what the outcome of the vote was. When this person was asked directly if the actual votes could be provided, the question was ignored (which I am not sure if that homeowners have the right to see the actual vote???).
But things seem very fishy to many of the homeowners (I will try to summarize the best I can):
Was this an actual legal vote?
1. Once the vote was made to reinstate the HOA
a) should the Board of Directors been voted on at that time (which it was done)?
b) should the the vote to go self-managed vs. managed with fee information been done? The fees were not included in the email for proxy vote.
Here is how I feel that it should have happened:
1. Vote to reinstate the HOA or not.
2. Vote Board of Directors.
File the needed paper work with the state to get the HOA reinstated
1. Have a vote to increase dues once the HOA has been reinstated.
Per the rules of the HOA and the State of Missouri, all homeowners must receive notice of a meeting to increase the dues with at least 30 days, but no more than 60 days notice. This did not actually happen.
Based on the meeting, the HOA dues are going from $100 to up over $300 and there is absolutely nothing. There is a meeting up the entrance that needs to be maintained, I know we must have insurance, and supposedly there is a walking trail.
From the sounds of people who made it to the meeting, they were told that the fees were going to be so high because of amenities that are so desperately needed (not sure what these are) and eventually getting a playground and pool.
Question about that....does the HOA have the right to store money away for that? Or is a pool/playground area being something that a special assessment be voted on?
It was stated in an email that everything was handled correctly and legally, which I question since there was a vote on increase in fees and 30 notice was not given. As a homeowner, do I have the right to request the contact information for the HOA's attorney?
Sorry for all lengthy post and all of the questions. Just list of compiled questions for several frustrated homeowners. I will note that if all of this was in fact done legally/following the rules, I have no issues with the results of the votes.
We received notification that there was going to be a meeting to vote to reinstate the HOA and if that passed a vote would be taken on which route to take 1) self-managed or 2) company managed.
That was all the information that we received in the email that we got less than 7 days before the scheduled meeting. We were told that if we could not attend the meeting to respond to the email so that they had our vote in writing.
We were unable to attend the meeting and emailed out vote in as requested. We received an email after the vote and was told that the vote had passed to reinstate and that the HOA would be self-managed. There was a vote on the Board of Directors as well.
There have been some emails going back and forth between some of the homeowners about a fee that was decided on at this meeting (which was not provided in the email that we got stating the results of the vote). I note, there was no information provided in the email that fee amounts would be discussed, if there had been - we would have skipped our activity that prevented us from attending the meeting. In these emails there has been some questioning of the amount of votes that was received. When a question about the number of votes was brought to the person that ran the meeting that a particular number was not the 2/3's required, the number of for votes was changed. I have now heard 3 different numbers of what the outcome of the vote was. When this person was asked directly if the actual votes could be provided, the question was ignored (which I am not sure if that homeowners have the right to see the actual vote???).
But things seem very fishy to many of the homeowners (I will try to summarize the best I can):
Was this an actual legal vote?
1. Once the vote was made to reinstate the HOA
a) should the Board of Directors been voted on at that time (which it was done)?
b) should the the vote to go self-managed vs. managed with fee information been done? The fees were not included in the email for proxy vote.
Here is how I feel that it should have happened:
1. Vote to reinstate the HOA or not.
2. Vote Board of Directors.
File the needed paper work with the state to get the HOA reinstated
1. Have a vote to increase dues once the HOA has been reinstated.
Per the rules of the HOA and the State of Missouri, all homeowners must receive notice of a meeting to increase the dues with at least 30 days, but no more than 60 days notice. This did not actually happen.
Based on the meeting, the HOA dues are going from $100 to up over $300 and there is absolutely nothing. There is a meeting up the entrance that needs to be maintained, I know we must have insurance, and supposedly there is a walking trail.
From the sounds of people who made it to the meeting, they were told that the fees were going to be so high because of amenities that are so desperately needed (not sure what these are) and eventually getting a playground and pool.
Question about that....does the HOA have the right to store money away for that? Or is a pool/playground area being something that a special assessment be voted on?
It was stated in an email that everything was handled correctly and legally, which I question since there was a vote on increase in fees and 30 notice was not given. As a homeowner, do I have the right to request the contact information for the HOA's attorney?
Sorry for all lengthy post and all of the questions. Just list of compiled questions for several frustrated homeowners. I will note that if all of this was in fact done legally/following the rules, I have no issues with the results of the votes.