ChrisW4 (Georgia)
Posts: 16
Posts: 16
Posted:
Hi all,
I took over the President and Secretary positions from the previous HOA President last year, and recently began thoroughly reading through our bylaws and noticed a couple of defects in our org structure that placed us out of compliance with our governing documents. Specifically, we had no Vice President, and were in violation of a rule stating that my dual roles as President and Secretary could not be held by the same person. This had been the case for as long as I have lived in the community, and most likely had been the case for several years prior - I simply assumed the existing board structure was "correct" when I joined.
At the next meeting following this discovery, I appointed a Vice President and a Secretary to correct these deficiencies, so all is well now. My concern is, given that we had been out of compliance so long, could an owner point the past defects out in order to challenge the validity of any of the HOA's actions taken during the time the board structure was noncompliant? Actions like raising the dues, citations/fines for CC&R violations, etc.
Thanks!
I took over the President and Secretary positions from the previous HOA President last year, and recently began thoroughly reading through our bylaws and noticed a couple of defects in our org structure that placed us out of compliance with our governing documents. Specifically, we had no Vice President, and were in violation of a rule stating that my dual roles as President and Secretary could not be held by the same person. This had been the case for as long as I have lived in the community, and most likely had been the case for several years prior - I simply assumed the existing board structure was "correct" when I joined.
At the next meeting following this discovery, I appointed a Vice President and a Secretary to correct these deficiencies, so all is well now. My concern is, given that we had been out of compliance so long, could an owner point the past defects out in order to challenge the validity of any of the HOA's actions taken during the time the board structure was noncompliant? Actions like raising the dues, citations/fines for CC&R violations, etc.
Thanks!