communistic HOA board

Hi Judith - before I could respond to your "any suggestions" question, i would need to know whether you are serving on the Board. For a motion to be made at a regular Board meeting, you would need to be serving as a Board member. From your question, I can't tell for sure whether you are on the Board. Are you currently serving on your Board of Directors?

oljim, in texas

The first time you brought this up, I suggested you rally your like minded neighbors to call for a special homeowner's meeting to address the board issue. It seems to me you can still bring up the requirements during the annual meeting and make these folks explain why they will not have an election. All homeowners need to be there to force an election.

When you got this paper, did it have the agenda? Does the agenda include some sort of Q and A section? If so, that's where you'll want to bring this up. Again, you need to have as many like minded people there as possible so if the "person who runs the show" tries to ignore you, someone else can bring it up. Better yet, have all those people sign a petition and present it at the board meeting requesting a formal election be held right then and there.

The key is to rally enough homeowners to push this through because until you make a change there, you won't be able to address the assessment increase and repair issue. You don't say how many days you have, but I suggest you get to work right now and get some people to help you. Good luck!

PS: should you succeed at changing the board, it should take a look at the financials before dumping the 50% increase. Depending on what services the Association provides, you may really have an issue with underfunding and you may still need to have an expert roofer (preferably three) take a look at the roofs and determine once and for all if something needs to be done. I know you said your roof is fine in your last conversation, but you never said if anyone else has complained about a problem, the last time all the roofs were replaced, the condition of your reserves, etc. You don't need to explain all that in this forum, but should take things one step at a time, starting with getting the board issue resolved because they're the ones who will be making these decisions.

How is this a communistic HOA? Not following the CC&Rs really has nothing to do with communism.

Now if they wanted to give your unit away, I would agree.

Please get your ducks in a row when name calling.

> How is this a communistic HOA? Not following the CC&Rs really has nothing to do with communism.

Exactly. Autocratic, non-democratic, maybe even fascistic might be right. Words matter.

> fain ignorance

you mean feign ignorance. Spelling matters too, although not as much as words.

I posted my concerns about my managing board because I'm faced with a serious problem that I've had no experience with and asked for some advice. I do not want nor do I need a lesson in choosing the correct word or how to spell. In the future if you don't have anything constructive to say, I am better off without your feedback.

Kind of happens when you show up, and on your first post start throwing around incendiary terms like "communistic". Of coarse people are going to respond to that. So there is no reason to act all upset or get mad at all of us. This is a free board, and you deserve the exact answers you pay for.

So the key on any forum to to read the pertinent replies, and quickly scan and ignore the chatter outside the lines. Anger and demands will get you nowhere.

This is an aging post but.....

Judith lost me with her assertion that the HOA wants to hike dues to make "unnecessary repairs." I've yet to see an unnecessary repair of any damage on my community's property.

Also, Communism isn't an option for those under it. Buying private property and purposefully agreeing to abide by certain restrictions, when applicable, is free choice.

If you can get 9 proxies Judith, you can make all the changes you want. How many proxies do you have?

Sounds like the right idea but it is the wrong procedure.

Since elections are challenged in court and sitting Directors are removed by recall, you either:

A) Believe the election was held improperly and thus invalid.
To confirm this belief, you need to challenge the election through the courts.

B) Recognize that the individuals are the Directors of the Association and start a recall effort to remove them.

Trying to do both will muddy any argument you have if it goes to court and cost you more time, energy and money then doing one or the other would have.

You, or a group of you calling a meeting to hold an election is simply wrong procedurally, and any results from such an election would likely be overturned if challenged in court.
Additionally, in my opinion, asking for a resignation does two things:
1) it's a request not a recall and requests can be ignored.
2) It legitimizes the previous election (how can they resign from a position they were improperly elected to).

If you desire to recall the Board, you gather support and petition the Board to hold a special membership meeting for the purpose of recalling the board and, if successful, to elect new directors. The number of signatures you need to call the special membership meeting will be found within your governing documents or applicable State laws (typically corporate laws).