Doing it our way

As I mentioned in a previous thread, our HOA operates by a very lax set of rules and usually doesn't follow our CCRs and state regulations to a T. There's a bit of an understanding between the board and members association that we operate loosely and casually so as to limit complications to community living.

Is there any problem with this? Inevitably, there will one day be a resident who is even more of a stickler than I am about going by the book and will not tolerate any deviations from the lawful process. However, in the meantime, is there anything technically wrong with operating the HOA our way so long as no one in the community is making a commotion about it?

Yes, technically you are not in compliance with your own governing documents or applicable State statutes.

When challenged, the technicality may cause the Association to lose said challenge.

I rest my case.....

Some people get lost reading how to do things versus just doing what needs to get done.

No. Your declaration is essentially a contract between owners. Almost any contract can be amended either through a formal process or informally through constructive amendment.

Constructive amendments are fairly common, especially where the terms of a contract have not truly been negotiated by the parties. The problem with any constructive alteration is in agreeing to just what the contract is. The longer the parties have deviated from the written terms of the contract, the more enforceable the constructive changes become and, conversely, the more difficult it becomes to revert to the original written contract.

An example would be a covenant that prohibits parking a pick-up truck in the parking lot. But over the years half the owners now park pick-up trucks in the parking lot and no one else seems to object. The covenant that prohibits the pick-up trucks becomes constructively repealed.

We transitioned from the Declarant to owners the first of the year. We do use a Management Company so we have budgets, contracts, financial reports, etc. so that is covered. We have been running very lax in proper parliamentary procedure. We have only had one BOD Meeting. We have minutes for it but we have not bothered to accepted them. We conduct literally all of our business via Email. The President works closely with the MC and basically runs the show. I (the VP/Treasurer) work some with the Pres. and MC. The rest of the BOD (3 others) do little to nothing. We do heavily rely on our Pres. and MC to run things.

We have our Annual Meeting on 04/28 and it will be conducted by our MC. The deadline for BOD Nominations ended last week with only the existing BOD of 5 running so unless there are nominations from the floor, the 5 running will be declared the BOD.

One other member of the BOD and I have some mild concerns about how lax we operate yet we are not complaining and we are happy the way things have gone so far. We hired an MC we are satisfied with. We hired a landscape company which seems to be very good. The President and I did all of the negotiating with both but the BOD voted 5-0 to accept both. We have decided to see how the Annual Meeting goes before we chat more about it.

This chat board has somewhat "contaminated" me to document, re-document, follow procedures, etc. in case problems arise so I have to bite my tongue with the lax way we operate. I am getting better at accepting the casual way we operate. I admit the lack of drama is nice. We shall see what happens at the Annual Meeting.

? BEGINNING ?

When the feces hits the fan your home will be worth ?

Ron

Excuse me if I am wrong but have you not advocated that you know what is best for your HOA from the get go and have been looking for ways to make yourself a "benevolent dictator"?

If I am wrong, then please correct me.

I haven't looked at his previous posts, but I think I got the same hit as you--and I think it was from Ron's first post.

And waaaay above, he says he's sort of a sticker about going "by the book," but if I recall some of his recent threads, Ron doesn't seem to know much about "the book" at all. It's one thing to ignore "the book," the HOA's CC&Rs for instance, which I don't think is wise. It's quite another think to be ignorant of our own governing documents and state laws that affect HOAs.

We are here on this forum to SUPPORT and give life lesson advice to posters... Is it my imagination or are more posters jumping on the criticism bandwagon? Sorry but we need to start getting back to the basics on here and give a helping hand to those who request it.

No one is going to run their HOA like your or the way you think it should be run. It ain't going to happen. Get over it. Each HOA is different and can be run differently. No one lives in that HOA or knows ALL the little details of why one thing works and another thing doesn't. What we can provide is support of saying we have been there and that your best resources are your HOA documents.

Yes, everyone seems to be under the impression that a HOA has to run by "Laws" and "Rules". Adherence is crucial or you get sued. Oh the horror of being sued... Seriously, you can NOT run your HOA living in fear and preventing every lawsuit possibility. The fact is: YOUR GOING TO BE TREATENED TO BE SUED OR WILL BE SUED. STOP living in the fear of it and basing decisions on the risk of being involved in one. A stitch in time does NOT save nine in a HOA... It just sews the toe to the ankle hole...

My advice is when running or being involved in your HOA do the best you can with what you have. If it's not working, then change it. It's ALL in the documents on how to do that. Do your best to adhere to the rules as they exist if they are agreeable to the majority of owners. Incorporate solid policies like a 6 month lien policy for behind dues. Create a fining schedule if your HOA feel fines are the way to enforce rules.. Educate yourself and have rule workshops if it works for your HOA. Best of all lead by example and create a following/interest in your HOA. Apathy is you enemy and participation is your weapon....

Well said

IMO this comment was uncalled for.

Miss Kerry your wrong about me criticizing Melissa. In the future please do not use my name or bring me into your frequent criticisms of Melissa's comments when you are confused and "remembering wrong".

If I remember correctly the definition of "Tough love" is to be openly critical to someone even though it may hurt their feelings. So yes, I have hurt a few people with my criticism but also made them or others THINK. Advice is free take it or not.

Kerry you criticize people constantly on this forum. Just because you don't like someone or advice given you are the first to turn this forum around to a criticism fest. Often distracting people from the original issue at hand. Like or not like my advice, I still have the right to give it. Just like the person reading has the right to take it or not. No need to criticize the person or their actions. Maybe take the approach of thinking of things in a different way instead.

Thanks Amanda... . I am hoping we can turn this forum back around to being a bit more positive and less "in-fighting" between posters... Everyone loses when that happens and we lose what we want this forum to be. A place for people who are interested in learning about their HOA and support board members who are in office. There's not a lot of forums who support board members... They need to be heard and allowed to vent....

Wrong

and

Wrong

"their way of doing things." should not the bylaws actually govern ?

"Every association is unique." not really, they all have covenants and bylaws ! as in contractual obligations !

no thinking, merely complying involved

JohnB,
Where in SC law does it state that bylaws are required to considered a legal HOA?

Assuming the HOA is incorporated, which is 99% probable in order to give the members a 'corporate shield' from personal liability, the requirement would be found in the corporate law of the state in question.

D'OH

JohnB,
Maybe you are not familiar with their way of doing things because HOA with 10 or less homes is not common in your area? Where I live there are many very small streets/cul de sac developments with nothing more than a entrance sign. Just because they aren't regular posters here doesn't mean they don't exist. I would not assume that in SC 99% of HOAs are in fact incorporated, where did you get that statistic? Did it require "thinking" and assumptions on your part? or did you find the fact somewhere?

Tim,

Only if a HOA is incorporated does it have bylaws. THAT is the point I made as a rebuttal to JohnB and his quote of myself and criticism of it.

(I think you may need to go back and read what took place here, not that it's really important, in fact it's kind of silly. But I guess my level of maturity depends on who I'm dealing with .)

ps. Are you being serious or snarky when you ask me "Have you read the South Carolina Nonprofit ACT? because obviously if your incorporated you are required to have bylaws.

correct

merely common sense to avoid personal liability

e.g.

someone trips at or over a defective common element

incorporated = the corp goes bankrupt (if not enough insurance)

unincorporated = the MEMBERS of the HOA go bankrupt PERSONALLY (if not enough insurance)

IMO: it is particularly important for a small HOA to incorporate as there are fewer members to 'spread the loss' of a lawsuit

D'OH

How was I wrong again?????

Your 'wrongness' is self evident, but, keep on providing evidence.

...you're actually correct.

There is (there's) that pesky little issue of words having meaning ... again.

ps. I thought I made an error, but I was wrong.

I could be wrong, but I don't think a partnership would provide a corporate shield to the individual members. If I am correct, that could be a very bad decision unless they have some really good insurance.

Thread count:

OP 1 post

Total posts this single thread 53

Total posts this thread by single poster 24

Total posts by 7 other posters on this thread 29

Post count now 536

Quite Impressive

I appreciate your count too, Jon. Does tell us something...