illegal election

? did you challenge AT THE MEETING ?

? could you prove same ?

WHAT DOES YOUR ATTORNEY SAY ?

If you truly believe the election was illegal, as opposed to a contract or civil law violation, what did the police say ?

I guess I should have said illegitimate in accordance with our documents, instead of illegal. Yes a board was elected. No we did not oppose because new by laws were written two days before the meeting and we only received them that night. 22 pages,.how could you know what they said?

Kathy,

Typically, the right to challenge an election has a specific time frame. If not challenged within that time, the results stand. If you are going to challenge, Contact an attorney now not later.

Thank you for the response. I plan to call the Attorney on Monday,but at this point I think we will be better off selling our home and moving on. Who wants to do this? Not me. It destroys your life and pursuit of happiness. If I sell now I still have a chance of making good on my investment.I feel badly for the community because of the things being done, mostly the shopping extravaganza this woman is on with HOA money. Ugh! Enough for me. Thank you all for the info. Maybe someone else will do the dirty work. I'm out of energy.

next time: CAVEAT EMPTOR

We have 90 days to repeal the election. And here is a new question.. 2 people have completely rewritten our by-laws and like Congress, they have given themselves 3 year terms. How can 2 people (when the docs call for a bird of 3 to 9) rewrite anything???

Our Association Docs calls for a BOARD of 3 to 9 people. One member quit leaving two women. These two women changed everything in the by-laws. I realize we have two seperate issues.

Right now I am focusing on the turn over of the election since they cheated in every way possible and confused everyone. I am waiting for a call back from the Attorney. The Board has the ultimate authority to change the by-laws but some of the changes go against the CC&Rs and Plat Covenants and STATE LAW. My question is can a Board do this when there are just 2 people remaining?
That doesn't seem right.

You specified a range of 3 to 9.
This, to me, says the Board may have as many Directors providing they have no less then three and no more than 9. This range, unfortunately, also moves the quorum requirement. typically a simple majority would constitute a quorum.

With a Board of three. 2 would be a quorum.
As long as there is a quorum, then business may occur.

Yes, the vacant seat should be filled but if nobody is stepping forward to serve on the Board, then as long as there is a quorum (just as if there were three individuals on the Board and only two showed up at the meeting) business may occur.

Yep, I agree it doesn't seem right. However, in my laymans opinion, I would suspect that an attorney would say it's legal. Keep in mind that what is legal isn't always the right thing to do.


If there is a conflict between two documents, the higher precedent document must be followed (i.e. that document controls the situation) PROVIDING that the higher document doesn't defer control to the lower document. Examples of deferrment can include: "Subject to the provisions of . . ." "Except as otherwise provided . . ." "Notwithstanding anything to the contrary contained in . . ." "Unless the [document] provide otherwise . . ."

The typical precedence for HOA documents are:

Federal Law
Federal Regulations
State Law
State Regulations
County Code
City Ordinances
Declaration of Covenants, Conditions and Restrictions (CC&Rs)
Articles of Incorporation
Bylaws
Resolution adopted by the Board