Help! Oklahoma

Started by DawnV1 • 17 replies • 2284 views

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DawnV1 (Oklahoma)
Posts: 8

Posted:

I'm in Oklahoma and having an issue with my HOA. One of the board members dislikes me. Our voting is in May. I volunteered for a new position, hospitality coordinator. Nobody else has volunteered. It's hard to get anyone to even come to meetings. My husband is on the ARC committee. The board member that dislikes me is now sending out an email to our community of 20 asking if anyone has an issue with one household having two seats on the board. This sounds illegal to me. I can't find any good resources to send my president. Also, instead of just giving me the position like what they've done in the past she now wants to send out a ballot. There's no other candidate. Any ideas?

DawnV1 (Oklahoma)
Posts: 8

Posted:

Anyone know the official website of Oklahoma HOA laws?

JerryD5 (Colorado)
Posts: 218

Posted:

Committees are not board positions. We only have an ARC besides the board. We have a rule that only 1 person per home/lot can serve in either position. We came up with the rule because we had a wife who was on the ARC and her husband was the board president. If something on the ARC did not suit the wife, she would complain to her husband. She self appointed herself the chairwoman of the committee (no such position) and made life a living hell for the 2 other committee members. We had to remove her from the committee because of some disparaging remarks she publicly made about the committee, the board and other homeowners (violates our by-laws).

As for your situation, it seems like it is a waste of time for the board to send out a ballot for only 1 vacancy and 1 candidate. What does the other board members say or do they just follow the direction of the board member that dislikes you?

Good luck in your situation.

DawnV1 (Oklahoma)
Posts: 8

Posted:

Everyone is scared of her and just follows along. Nobody has ever been on a HOA and they are clueless. They don't send out meeting agendas before the meetings or anything. But, shes intimidating and people follow her lead. Where would I find out our rules on this? All I have is our covenants. Do I have the right to request to see the bylaws?

JohnB26 (South Carolina)
Posts: 1,001

Posted:

yes, you have the right to the bylaws

they are documents of the corporation of which you are a member

JerryD5 (Colorado)
Posts: 218

Posted:

Ask to see the CC&Rs, By-laws and any policy letters your HOA board has instituted. Your MC should be able to provide them (they might even be online if your HOA has a website). Ours are pretty generic and only address committees positions briefly. Basically it just says they are appointed by the board and serve at the pleasure of the board. There are no specified time limits for a committee person to serve.

KerryL1 (California)
Posts: 14,550

Posted:

Yes, Dawn, if you're incorporated, you must have bylaws and as an owner you're entitle to them.

How many are on your board? Three? What are the names of the positions on your board?

With 20 houses or condos, I guess you don't have a management company?? But if your board has a secretary, s/he should give you the bylaws. They will say how elections showed be run, how many should be on the board, if owners should be notified when the Board has meetings, etc. It also will say if members of the sam household cannot serve on the Board at the same time.

But as someone else asked: is the position you want a board office position?

If your bylaws don't say very much, go online and ready your state's corporation code (laws or statutes). Again if you're incorporated--a corporation you HOA must follow those laws. Now, making the board or that one director follow the laws is a different story.

DawnV1 (Oklahoma)
Posts: 8

Posted:

MC? We don't have a website. They gave me the bylaws and Articles of association tonight. They don't know anything about the CC&R's but I see it mentioned in the Articles Of Association. I'll type it out for you because my picture won't load on this forum.
"The terms "association","common areas","declarant","lots","owner", and "property" as used in these Articles Of Association shall have the meaning set forth in yhr declaration of covenants, conditions and restrictions relating to the community association dated June 9th,2008 and recorded in book 1759 at page 568 in the office of the county clerk of ---------- county,Oklahoma (the "declaration")

Our board says the ARC committee is on the board. I read the bylaws, it says the officers are President, VP, secretary and treasurer. We're a new community and they have no idea what they're doing. I understand,but as I said before this woman thinks her opinion is law and they go along with it.

DawnV1 (Oklahoma)
Posts: 8

Posted:

No management company. I posted above what the bylaws say the positions are. Last year when the builder handed it over he suggested 5 members for a tie breaker. So, 5 people volunteered. There was no voting. They call her an association director, just to give her a title. They claim the ARC is on the board but I don't think they actually read the bylaws.

DawnV1 (Oklahoma)
Posts: 8

Posted:

Ok, I found the CC&R's. I didn't realize it was the covenants.
It mentions a board of directors, we don't have that!
There's no mention in any of these that my hubby and I can't be on the board together. In fact the previous board listed was the builder and his wife. Thought?

DawnV1 (Oklahoma)
Posts: 8

Posted:

They say it is. They say the ARC is as well. What I read tonight lists only president, VP, Secretary and treasurer.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By DawnV1 on 04/09/2015 5:06 PM
Anyone know the official website of Oklahoma HOA laws?

Here are links:

Oklahoma Statutes from the Oklahoma Legislature site.

Unit Ownership
Estate Act. (§60-501 to §60-651) Applicable to Condominiums.

Corporate Statutes applicable if your Association is incorporated (most are). I'm not sure what sections of the statute applies.

There doesn't appear to be any HOA (non-condominium) law in Oklahoma

DawnV1 (Oklahoma)
Posts: 8

Posted:

Thank you guys. Now that I know their plan because of my hubby being on the ARC they've decided to remove ARC members from the board. (They say ARC was board although bylaws state differently)
Now they're removing my husband (ARC) from the board and emails so I will no longer have access to their plans. The committee I volunteered for, they sent out an email asking for candidates now she's saying, we don't need that position. She is doing this of course to keep me from having a voice. I have contacted an attorney. I sent him the bylaws and CC&R's. I'm waiting to hear back. Any advice for me?

JohnB26 (South Carolina)
Posts: 1,001

Posted:

move

unless you really like drama

if you stay you will have your fill

and

next time

CAVEAT EMPTOR

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Dawn,

If you and her husband both receive HOA board votes on business matters, then one property or account has more votes than any other. However, you shouldn't be punted from the hospitality position. I would oppose yourself and your husband getting two official votes on the main HOA board but you could serve and would be very much appreciated.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By KellyM3 on 04/10/2015 9:22 PM
Dawn,

If you and her husband both receive HOA board votes on business matters, then one property or account has more votes than any other. However, you shouldn't be punted from the hospitality position. I would oppose yourself and your husband getting two official votes on the main HOA board but you could serve and would be very much appreciated.

I agree. In may HOA's spouses (living together but not on the deed) are allowed to run for a position on the BOD but spouses cannot serve together at the same time.

Personally, I do not care for spouses serving on anything at the same time but as long as they do not get two BOD votes then I can live with it.

KerryL1 (California)
Posts: 14,550

Posted:

I'd prefer that co-owners not have two votes either. But if the HOA docs--the bylaws probably--do not restrict that, two co-owners may serve IF Owners vote for two.

In my HOA, an ARC is required by our covenants (CC&Rs). But members are on the committee and aren't necessarily board members (directors).

You probably DO have a board of directors and its members are th officers that you mention. Usually directors are the offers though that's not always required.

I'm not sure how much an attorney can help you except to help you spend your money. Even if the attorney seats the Board acting improperly, there needs to be enforcement of your state laws and your owner documents.

Now, sometimes a letter from your attorney to the Board stating that they must comply, etc., etc can help!

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