AshtonS (South Carolina)
Posts: 3
Posts: 3
Posted:
We own a residential property in a HOA governed subdivision for many years, In the covenants it states that the it is their desire to provide for the preservation of the homes and to provide amenities, to create equestrian community with good environmental practices to the homeowners. We feel that our property has been failed to be protected by the HOA as there is constant development of commercial installations, heavy vehicular traffic and other factors that it has become unhealthy to live in the house. We were approached by a member of the community who said that the president feels that my property should be released and that we should talk to him. The request for the meeting was made and the president, along with the elected board which agreed that this property be released from the HOA. Instead of a general meeting where the adamant nay Sayers would have been loud and unruly and obnoxious, the president decided and then sent out a letter to the entire community explaining the severity of hardship this property faces. he along with the board members recommendation to release this property with the understanding that we would not convert this property into heavy commercial use but agreed to light commercial use. The letter also contained a vote yes or no page. Then a HOA meeting was held and under pressure from just a few old time residents the President buckled a bit, stated that the word vote be considered as poll. The votes were all in and were in excess of 90 to a 100. 165 letters were sent out. In the opening remarks the president said looking at us "sorry, but he was not in favor of getting it converted and then 6 other people out of a crowd of 60 who were adamant for it not to be converted spoke. To my horror the president announces that if some one wanted to change his/her vote can come up and change it. We were clearly winning 59 to 47 and then lost out by a couple of votes. Is changing of once casted, sealed and mailed votes illegal? Failing to protect the property for all the commercial development not a failure of the HOA?Some one please help, What should my next action be?