HOA Bylaws

Started by PaulK4 • 6 replies • 1514 views

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PaulK4 (Wisconsin)
Posts: 1

Posted:

I recently purchased a home that is part of a homeowners assocation. We attended our first annual meeting in the spring. At the meeting there were 5 "board members" sitting in the front of the room. At no time did they mention what each of their roles were, therefore, have no idea who is the president, vp, secretary, ect... Also, in any written publications put out by the HOA do they place a title by their names.

Recently, we decided we wanted to install a fence, which our deed restrictions state must be approved by the board. After initially being denied by the board for our fence, we had a meeting with 4 of the 5 members, at which time they verbally approved it and gave us no further instructions. A week after our fence was installed, they send us a letter telling us that we did not follow their formal approval process because we did not wait for their "written approval". Keep in mind during the two month process of gettign the fence approved, they never once provided us with anything in writting or verbally stating what their formal process is.

During this process, I read our deed ristrictions several times. In the restrictions it discusses the board as a 3 person committee. At our fence meeting I non-shalantly asked a member "when did you guys go froma 3 person board to a 5 person board?" His response was "well a few years ago some other people expressed interest in being on the board and we didnt want to tell them no, so we allowed them to be on the board."

I found that very odd. My limited knowledge of "boards" or "committees", is that board positions are to have set terms and elections must be held when each term comes to an end.

I guess in the end, the questions I have are 1. when I request a copy of their bylaws, must they produce them? 2. IF their bylaws specifically state the board is a 3 person board and elections must be held, do I have any action I can take up with them? My biggest concern is that these board members who have held the board for a very long time, I basically running things the way "they" want, not necessarily according to the bylaws.

Any input from anyone with expericne would be appreciated.

SheliaH (Indiana)
Posts: 6,964

Posted:

First, let's deal with the fence - did this letter say you have to take the fence down? Did you go back to the Board and remind them of your meeting and what they said (maybe this letter went out by mistake?) If they're now saying you have to take it down, ask if there's an appeal process and use it.

Regarding the Board officers, I agree it would have been professional for them to at least state who's who at the start of the meeting and put it on the agenda. You said you just moved in and so everyone else may already know and don't make an issue of it, but new owners do come in from time to time, so listing the members and officers on newsletters and such would be another sign of professionalism. If they don't have officers, there should be a chairperson or someone presiding over the meeting. You might want to suggest they provide that information.

Now, the Bylaws generally how the Association is run, so you might start by looking through the paperwork you got at closing (they may be buried among the other stuff). The Bylaws may have been updated to allow the Board to add members - perhaps there's a rule dictating a minimum and maximum of Board members, such as at least 3, up to 5 or seven (it should be an odd number so there are no ties).

Also talk to your neighbors to see what's been going on with this board before you arrived and if anyone has similar concerns. You didn't say how long "a very long time" is, but often people don't get involved with the HOA unless they do something that ticks them off (like you getting the letter)- don't be surprised if you get a lot of blank stares and/or "gee, I dunno." They probably won't say "and I really don't care, as long as they don't bother me..."

For now, look at this as a way to get to know the Board better and how they operate - certainly the verbal approval vs. written denial wasn't a good start, but give them a chance to explain themselves first before moving on to other approaches.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

KerryL1 (California)
Posts: 14,550

Posted:

Do you have a management company, Paul? If so send it a written request asking for the bylaws (which your HOA must have if it's incorporated-most are). Yes, the bylaws will tell you how many should be on your board and how annual elections are conducted.

If no MC, do as Sheila suggests and talk with your neighbors and it might take a while to find a neighbor who's knowledgeable. Do dig through your closing papers.

Also request copies of the last several board meetings and of the last two annual meetings. Reading these should tell you who the officers are and who was elected to the board by homeowners.

At the state level, I believe that WI has laws that HOAs are supposed to follow. But all states are different so I can't say what your laws. If you're lucky, Glen will check in who (I think??!!) is form WI and who knows a lot!

I could be that your bylaws and/or state laws give you access to many kinds of documents like budgets, election results, minutes, and certainly bylaws.

KerryL1 (California)
Posts: 14,550

Posted:

RogerB (Colorado)
Posts: 5,067

Posted:

Paul, Your HOA should provide copies of all of the governing documents, i.e., Covenants, Bylaws, Rules and Regulations (Policies and Procedures), architectural guidelines, and architectural request forms. We provide these via email upon request at no cost.

You may be confusing two separate and distict items:
1) The Board of Directors is often composed of directors (often 3-9 depending on the Bylaws) who are elected at an annual members meeting by the members of the association for a specified term.

Whereas, the Architectrual committee is often composed of 3 or more persons appointed by the Board of Directors. The Architectural committee approves the fence and that approval should always be in writing. Often in small HOAs the Board of Directors may serve as the members of the Architectural committee. But that is a poor policy IMO; because there is no means to appeal the Architectural committee's decision to the Board of Directors.

2) Bylaws usually provide the details the organizational structure of the HOA.

Whereas, the Declaration of Covenants, Conditions, and Restrictions (often called Covenants or CC&Rs) provides the information regarding the common interest community and each individual unit. The Covenants provide Restrictions such as those related to modifications to the exterior of a property. I would refer to the Covenants regarding your fence and the means of becoming a member of the Architectural committee and any term for the committee members.

Do not confuse Covenants with the HOA. They are two distinct and separate items. Covenants establish the common interest community and set forth a means to provide control of it. An HOA provides the organization which may collect assessments (or dues for a voluntary HOA), maintain the common areas enforces the Covenants, and may provide social activities.

KerryL1 (California)
Posts: 14,550

Posted:

I mistakenly mentioned "Glen," Paul, but now I think Glen is in OH.

Also--in my reply above I left out the word "minutes," which is something you want to have.

AllisonD (Florida)
Posts: 449

Posted:

Quote:

Posted By PaulK4 on 07/14/2015 8:46 AM
I recently purchased a home that is part of a homeowners assocation. We attended our first annual meeting in the spring. At the meeting there were 5 "board members" sitting in the front of the room. At no time did they mention what each of their roles were, therefore, have no idea who is the president, vp, secretary, ect... Also, in any written publications put out by the HOA do they place a title by their names.

Recently, we decided we wanted to install a fence, which our deed restrictions state must be approved by the board. After initially being denied by the board for our fence, we had a meeting with 4 of the 5 members, at which time they verbally approved it and gave us no further instructions. A week after our fence was installed, they send us a letter telling us that we did not follow their formal approval process because we did not wait for their "written approval". Keep in mind during the two month process of gettign the fence approved, they never once provided us with anything in writting or verbally stating what their formal process is.

During this process, I read our deed ristrictions several times. In the restrictions it discusses the board as a 3 person committee. At our fence meeting I non-shalantly asked a member "when did you guys go froma 3 person board to a 5 person board?" His response was "well a few years ago some other people expressed interest in being on the board and we didnt want to tell them no, so we allowed them to be on the board."

I found that very odd. My limited knowledge of "boards" or "committees", is that board positions are to have set terms and elections must be held when each term comes to an end.

I guess in the end, the questions I have are 1. when I request a copy of their bylaws, must they produce them? 2. IF their bylaws specifically state the board is a 3 person board and elections must be held, do I have any action I can take up with them? My biggest concern is that these board members who have held the board for a very long time, I basically running things the way "they" want, not necessarily according to the bylaws.

Any input from anyone with expericne would be appreciated.

With regard to the fence, did they ask you to provide certain information before you could get a final approval, like provide a copy of the permit or a copy of the survey showing where the fence would be placed including the measurements and gate placement? I have written out many procedure documents and they are on our website, sent with newsletters and I provide copies to the residents when they call me with questions or when they submit their ARB and still they claim they did not know or understand the rules. I am not saying this is what happened here but is it possible they asked you to provide something before they could give you final approval?

I feel that ARB approval is so important and the board should make sure that the homeowner is following local code and not encroaching on neighbor or common property. What good does it do to work hard to make the place look nice and try to keep property values as high as possible when the houses cannot sell because they are not code complaint or if the fence is on the neighbor's property? Sometimes the rules exist to protect you, not to hinder you.

With regard to your governing documents, many associations have a welcome packet or at least try to provide the documents but if they do not, you must ask at closing or at a hoa meeting. It is not 'their' documents, they are YOUR documents and all the other residents' as well.

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