APATHY AMUCK..

Started by NicoleO1 • 7 replies • 1960 views

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NicoleO1 (California)
Posts: 181

Posted:

Our Condo's CCR's were currently over hauled after almost 30 years of non editing. Our HOA over the last few years has spent thousands of dollars doing this with atty's etc etc etc.

Our current CCR's state we need 75% of our homeonwers to vote ( year or no ) to have quorum. We have been knocking on doors, posting flyers, holding open houses, sending emails to get people interested. Sadly only 52% of our our HOA has even returned ballots. We have had alot of bellyaching about things, but voting yes or no still gives them the power. But it seems like they just dont' want the power..

How can we stir interests??

TimB4 (Tennessee)
Posts: 21,059

Posted:

Nicole,

You are doing everything I would have done. Difference with my Association is we don't vote by mail. Therefore, when I knock on doors I can carry around a stack of proxy forms. Having the form available tends to get an immediate response rather than hoping they find the official ballot and mail it in.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tim

Are you saying one should "slut" themselves for proxies to support their views? I have been known to do that..........LOL

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By NicoleO1 on 02/01/2014 11:20 AM

Our Condo's CCR's were currently over hauled after almost 30 years of non editing. Our HOA over the last few years has spent thousands of dollars doing this with atty's etc etc etc.

Our current CCR's state we need 75% of our homeonwers to vote ( year or no ) to have quorum. We have been knocking on doors, posting flyers, holding open houses, sending emails to get people interested. Sadly only 52% of our our HOA has even returned ballots. We have had alot of bellyaching about things, but voting yes or no still gives them the power. But it seems like they just dont' want the power..

How can we stir interests??

If aware of the problem of apathy when you amended your Declaration of CC&Rs why did you require a 75% vote? For a members meeting I suggest you change your Bylaws to not more than 20% of the members for a quorum; and for Board meetings a simple majority. To amend your Declaration of CC&Rs I recommend no more than 2/3 approval of all homeowners.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

because that is what the CURRENT CC&Rs still in effect until AFTER they are amended require

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By NicoleO1 on 02/01/2014 11:20 AM

Our Condo's CCR's were currently over hauled after almost 30 years of non editing. Our HOA over the last few years has spent thousands of dollars doing this with atty's etc etc etc.

Our current CCR's state we need 75% of our homeowners to vote to have quorum. We have been knocking on doors, posting flyers, holding open houses, sending emails to get people interested. Sadly only 52% of our our HOA has even returned ballots.

Could you clarify this? Is it the revised CC&R's or the old ones that require a quorum of 75%? The definition of a quorum is something that belongs in the bylaws of the association and not in the CC&R's.

Quote:

Posted By NicoleO1 on 02/01/2014 11:20 AM

We have had alot of bellyaching about things, but voting yes or no still gives them the power. But it seems like they just dont' want the power..

This the classic problem with condos. People buy condos because they want to own a home without having to be involved in the homeowner things like mowing the grass or cleaning the gutters. A person who does not want to be involved with his own home is not likely to become involved in his association.

The only solution I can offer is to knock on doors and solicit signatures on proxies that will allow you to vote in their place. Stand there and wait for the signatures otherwise they will never return them.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Sorry, Nicole, I don't have time to type a thorough reply. Go to davis-stirling.com. In the Main Index, click on Amendments, which'll take you to another menu where you'll see a lot of info on governing documents. Somewhere in that section you'll see that in CA, the courts can approve your CC&R restatement if your HOA has followed certain procedures.

Meantime, if your bylaws permit proxies, Tim's idea is good. Collect them!

ChrisA13 (New Jersey)
Posts: 120

Posted:

Quote:

I hope you aren't suggesting "a simple majority" of the Board to change an amendment. That's not a good idea. At all.

In my COA, it requires NO VOTE of any kind to change an amendment. Or rule on anything at all. The dictators on the Board change the amendments at will with the help of the lawyers -- whether they are in compliance with the law, fair, valid or otherwise. Disaster! And they don't distribute them when they change them. Only THEY know what they have implemented. It's not good, believe me. (I find out because I go to the Clerk's Office to see what they're doing to protect myself. Most will not.)

I'm truly against apathy... but it's better than a board that controls everything by dictate and deception. The Board cannot have total control over anything. Ever.

Wish I could help you with other guidance on how to motivate people, but sadly... I've noticed that people only speak up when they absolutely need to get an issue resolved that impacts them. In truth, a great number of the people who live in my community live in fear of the board. It's not apathy that keeps them "in line" -- it's fear.

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