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JimJ2 (California)
Posts: 2
Posted:
Recently I purchased in a new "tract" of homes. Our HOA was and still is managed by the builder even though the last home was sold well over a year ago! Out of the blue sky there was this HOA Board which started flipping out letters etc and sending fines. Once I started to ask questions about who elected them, where was the minutes, where is our money etc I was blown off. So I figured I would VOLUNTEER to be either on a committee or the HOA board (where ever I could best be used) because there is only TWO members on the board, and the MC controls our finances, I thought they could use some help.

At the last meeting I went to the "Prez" stood up and begged people to volunteer for the HOA board or a committee, so I did. I signed up on their sheet and was never called! Two weeks went by, I sent an email to the "Prez" and the MC to find out where they were going to use my volunteer time, no answer.

Finally I received a letter in the mail stating that "unfortuately at this time my volunteer services were not needed!" What??
I feel this is related to the fact that I am asking some important questions which no one wants to give me answers too!!

What can I do? Some in the community have said hire an attorney? Can I be denied volunteering my time? Don't they have to state why they are not allowing me to "VOLUNTEER" my time to my community? Is there legal recourse I can take?

HELP!!!!!!!!!!!!!!!!!
JoeW1 (New York)
Posts: 728
Posted:
JimJ2 - Did you read your by-laws and cc&r's (covenants, conditions, and restrictions)? Do your by-laws state the process of transition elections (voting in owner board members to replace builder board members as units are closed)? Unless it is stated in the by-laws that the developer retains seats for a year after the last close of a home, it is extremely unusual that the developer would still be on the board. The way you describe things it leads me to believe they are all in cahoots, which I have heard of time and time again. Trust me, if that is the case you do not want to be apart of the circus right now, it will only turn your stomach. The request for volunteers probably was just a dog and pony show anyway. "Some in the community have said hire an attorney"? Who is "some" talking to? You? If so, why don't those "some" band together and hire an attorney themselves? After all it's their community as well. If they are telling you to hire an attorney, then you've got a rather dangerous mix of circumstances, especially if you get further involved. You may have a situation of a bunch of owners that are apathetic, want others to do their dirty work, and that are clueless as to how much they are being bilked if indeed the Prez, developer, and MC are all in cahoots.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Don't hire a lawyer. Suing an HOA is suing yourself. It may NOT be time for you to volunteer yet. It sounds like your HOA is still in "transition". The board members are most likely "picked" by the builder for this period. Usually the first board is picked by the builder and then it's officially turned over to the residents. This can take a few years depending on office terms.
If you want to volunteer, wait and find an oportunity. I am sure the more active you try to stay in your commmunity, the more likely you will get elected the first homeowner run elections.
You can always try to form a neighborhood watch or a cleanup committee. (With board knowledge). I even had a little "garden" party group that we shared plants and sometime planted flowers in the common areas. You could see if making a community garden could be done as well. There are other areas you can volunteer without being on the board. The board is NOT a paid position anyways.

Former HOA President
JudithW (Texas)
Posts: 10
Posted:
Our developer delayed transitioning for over a year after the requisite number of lots were sold per CCRS and only really started the process when we discovered that most lots were sold. During the period when they werr supposed to turn over control, a realtor was located in their sales buidling and they actively solicited re-sale business.

Even after the transition, the by-laws the developer wrote state that the developer will be retained as a consulting member in perpetuity. Probably for the re-sale business.
JimJ2 (California)
Posts: 2
Posted:
Thanks everyone for your thoughts! This is my first HOA and man is this stuff a hassle (atleast for now). I'm sure HOA's are good for the community if they are run right and not with everyone's (IGM=I got mine) attitude!

At this point, can the HOA not allow me to volunteer on one of the committees established? I do not want to be the bad guy in all this, I would like to evoc transition via helping to show them where they are wrong. We have no agendas, no minutes, no order at meetings, there are only two board members making financial decisions (plus the builder). I found out the other day they took $60,000 and moved it into some kinda of seperate account! They didn't even ask us members who were sitting right there! There was about 20+ of us sitting at this meeting and they just moved the money to who knwos where! They didn't ask for our opinion, they didn't call for a vote or anything, just POOF, it was gone?

I have a sense that because I'm asking to many questions about due process etc they have singled me out. First they are not answering my questions about what is going on, and now they wont let me VOLUNTEER!

Yes, I have been told by "others" to hire an attorney and I know this is simply because "they" do not have the "jewels" or money to do so themselves, I will have to be the HITLER in this war and they will stand by and "support" me from afar, maybe!

My first HOA and this is what happens? Is there anyway we (community) can just disband the HOA? I could not find in the bylaws or Articles a way to disband/dissolve the HOA, ie 50+1 vote of homeowners etc. Then again I noticed that the bylaws had been altered! When I first moved in the Real Estate agent gave me a set, and then once I was in the HOA sent me a set from the MC. Once I started to compare the two I found out that the one from the agent had items that the other one did not mention! Seems like they (builder/MC) dont want certain items included in the bylaws!

Most of the homeowners just want to do their own thing anyways, nobody is adhering to any rules and regulations of the HOA and frankly they (HOA) are just sending out letters threatening the homeowners with fines etc which no one is paying! Unfortunately unless a new group takes over, which they (current HOA) will fight, our only other resort is to dissolve the HOA!
JoeW1 (New York)
Posts: 728
Posted:
JimJ2 - I understand you are new to this and must caution you to slow down, big time. First, the two board members that are owners are in no position to out vote the developer. Even if there was a majority of owners on the board, as long as the developer retains a seat, it probably has right of veto. Second, the board typically has within it's discretion the ability to transfer funds from one account to another. I doubt the money is gone, as you describe, I'm sure it can be accounted for. Third, if disbanding the HOA is the kind of talk you are promoting, I'd be very concerned if you were on the Board or a committee for that matter. It is no easy task and involves legality. Fourth, certain revisions (amendments) to the by-laws can occur, the developer probably retains that right as well. Fifth, yes the HOA Board can qualify and form committees. At this time, you are a marked man because you are one of the few who care that things just ain't kosher.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would like to add that HOA stands for HOMEOWNER's ASSOCIATION. That means ALL the homeowner's agree to work together in association to combine funds to maintain or improve their community. It's cheaper for everyone to pay for amenities than each person being responsible.
Your treating the HOA like it's some kind of entity. It's NOT. There is no "They or Them". It is YOU and YOUR NEIGHBORS. Don't treat it like it's some kind of object your forced to live under. It's like joining an exclusive club where only you and your neighbors are invited and can control.
If you want the copy of the Convenants and Restrictions, go to your local county courthouse. They should have a copy on file there. Don't expect to have Incorporation or by-laws there. Incoporation documents are STATE filed and By-laws are typically maintained by the HOA. The MC may have a copy of the updated by-laws.
You need to step back and learn about what HOA's are. They are what you make of them. NOT all HOA's are horrible thieving collaborations out to ruin your community. It is your community! If you want to make it a great HOA, then work with a good attitude and with the rules it's created. If you want a horrible HOA, keep badgering, threatening to sue, and make it a nightmare. Everyone gets out of an HOA what they put in.

Former HOA President
JoeW1 (New York)
Posts: 728
Posted:
MelissaP1 - in theory you are correct. and with rose colored glasses, the "they or them" approach is not a good one. however, in some associations, and we've all seen the posts to this effect, residency in an HOA comes with a tremendous amount of personal agenda, baggage, and drama from volunteers that don't grasp the importance of being a fiduciary. JimJ2 volunteered his time and was rejected. he also realizes that things aren't kosher which is obviously not a popular opinion amongst the powers that be.

so in JimJ2's case, it's the entity (collective decision of the BOD, MC, Prez., developer) that is treating him as a subserviant. in JimJ2's case he has every reason to be concerned and angry.

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