Options for next course of action

Started by SamonaG • 3 replies • 2072 views

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SamonaG (Texas)
Posts: 6

Posted:

Our HOA has no board members. After learning we had no BOD, I contacted the management company to request a community meeting. So far, no meeting has been scheduled and we are already half way through the year. I was first made aware of our BOD status in April, and since then I have sent two emails requesting to have a meeting scheduled. We need to have someone representing the homeowners. What options do the homeowners have in this matter?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Instead of asking the MC to have a meeting scheduled, read your governing documents. You can likely call a meeting providing you have a petition signed by x% of the membership.

The other thing is to volunteer to serve, perhaps contacting the previous board to be appointed to the position (as they would still technically be serving unless they resigned).

Additionally, ask for copies of the meeting minutes from January to date. This will allow you to see what has actually happened and why. Also ask for copies of the previous board members resignations.

WillR2 (Colorado)
Posts: 29

Posted:

If your HOA is a corporation, in your state, doesn't it have to have a Board of Directors? If not, who has the legal authority to make decisions for the corporation?

WalterM3 (Georgia)
Posts: 442

Posted:

Our HOA is a non-profit corporation. The Pres., VP, secretary and treasurer are officers of the corporation and as such are bound by the laws governing non-profits in GA.

You gotta have officers, some how or some way.

I wonder how the management company gets paid? Who signed a contract with them?

I believe the Secretary of State requires a report yearly on all corporations. I know ours for this year was submitted on 3/18/15.

Your Bylaws and Covenants should state the legal basis for setting them up.

Here's the kicker:

"By recordation of this Declaration, the Property described on Exhibit "A" is hereby submitted and made subject to the Georgia Property Owners Association Act, O.C.G.A. §44-3-220 et seq. and shall be owned, held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the provisions of the Georgia Property Owners Association Act and this Declaration , and every grantee of any interest in said Property, by acceptance of a deed or other conveyance of such interest, whether or not such deed or other conveyance of such interest shall be signed by such person and whether or not such person shall otherwise consent in writing, shall own and take subject to the provisions of the Georgia Property Owners Association Act and this Declaration and shall be deemed to have consented to the same."

Also governing in GA:

2010 Georgia Code
TITLE 14 - CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS
CHAPTER 3 - NONPROFIT CORPORATIONS
ARTICLE 16 - RECORDS AND REPORTS
PART 1 - RECORDS
§ 14-3-1602 - Members' right to copy and inspect records

O.C.G.A. 14-3-1602 (2010)
14-3-1602. Members' right to copy and inspect records"

It is not such a simple thing to have an HOA.

Walt

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