HELP

My builder turned over control of the POA HOA to the members back in August.
We where given a CC&R and that was all
We elected a President, Vice President and Treasure. We also appointed 3 members to the ACC.
In December the board removed 1 member of the ACC.
In January the President of the Association resigned and than moved
THe Vice President is now acting President.
We have allot of problems and issues that have been brought to the new self appoiinted president including wanting to know where the money is going. when asked we where told that it takes a while to get the books in order and he would be calling a meeting
That was in February
If you call the president he will not answer or return your call and as of end of March he has stop returning emails.
Can a member of the Association force a meeting?
We have no by laws because the short lived board has never set any and the builder had none in place.

Please Help

Thanks for the form.
The problem is we have about 10 members that want to help and move forward but we can't get the board to call a meeting.
We want a meeting to elect the missing President or if the Vice President wants to be President that to fill the Vice President position but not only that to get By Laws in place, and to see them enforce the CC&R's.

How do we as members get a meeting called if the board refuses or does not want a meeting?

Typically, the Association elects Directors.
The Board of Directors appoint the Officers (Pres, VP, etc.).
Usually, when there is a vacancy, the Board appoints individuals to the vacant seat.

Is your Association incorporated?
You can check by looking on the Missouri Secretary of State website.

IF your Association is incorporated then applicable corporate laws would apply. These laws typically address procedures for Corporations. If your Association is not incorporated then those laws would not be applicable.

Are you in a condominium? If you are then Missouri condominium laws would apply.

If you are not in a condominium, and you are not incorporated, then only your CC&Rs would be used to see what is and isn't allowed.

I can see how one would say the President is self appointed. If you read the duties of the officer positions you find that the vice-president position does NOT take over for the president if that president quits/leaves/dies. It is NOT like the US Government but it is the Corporate structure instead. The Vice-President's job is to take over if the president can't attend meetings and hold them in their behalf. However, they don't inherit the position. The board decides amongst it's own board members what office positions members get.

I would look for to see if your HOA is incorporated at the STATE level. Your CC&R's are your deed restrictions and on file at your courthouse. By-laws do not have to be filed in most cases and are in-house documents. I believe that is what you are wanting to draft up. Which by-laws pretty much go by the CC&R's except with a bit more "flushing out" of the details. CC&Rs are usually outlines while by-laws cover the details.

Not necessarily true.

According to proper parliamentary procedure, such as Roberts Rules, the vice-president DOES automatically become the president if the president resigns/leaves/dies, unless OTHERWISE PROVIDED IN YOUR BYLAWS. If the bylaws are silent on the issue, then proper parliamentary procedure should be followed unless state corporate or HOA laws dictate otherwise.

As always, the situation differs from state to state and from HOA to HOA. There is not a one-size-fits-all rule.

In the present case, if there are no bylaws, it may not be possible to determine the order of succession except possibly by looking at state laws or by following accepted standard parliamentary procedure.

Here, in Connecticut, we are required to follow Roberts Rules, so, if the bylaws don't specify the order of succession or replacement of the president, then according to Roberts, the vice-president automatically BECOMES president.

I will check with Sec of State to see if we are incorporated but i believe the only thing the builder filed was the CC&R.

In our CC&R it does not outline anything about meetings or the Board

I am in MO so what can i do to force a meeting or call a meeting

We have a small group that wants to start a petition to disband the Association.

I think that is a mistake we just need members on the board that have time and care about whats going on

I always find it ironic that the people who want to "disband" their HOA also want to form their own group to run the place. Like it is a new idea that they ban together to make a committee amongst themselves after they disband the HOA. Which then in of itself makes another HOA. I've heard people actually contemplate this not realizing that is exactly what a HOA already is.