CC&R's

Hello, I'm entirely new here, and I hope to be helpful as well as helped. I've been drafted a couple of times to sit on the HOA where I live. In all the time I've lived here, the Board consisted of 5 members. We recently had our elections. Imagine my surprise when, at the meeting where the ballots were counted, one of the new board members announced that, according to the CC&R's, there were only 3 members on the board. Where/when did the other board members occur, and were they 'legally' added? According to our management, there was never an amendment to the CC&R's, so the "3" member sticks. It should be noted that I have lived here 10 years and there have been three management changes. I'm just wondering if, at some juncture, 5 members were approved but the amendment was not filed with the County Recorder. No one seems to remember receiving a ballot on this (but that might mean nothing at all).

Could the change been accomplished any other way? if it is found that the recordation of this was merely 'missed', is there anything to be done at this point?

(we know at least 10 years have passed)

Are there any other repercussions/implications from this omission?

This is an important point in the 'life' of our HOA. The board members who are incoming are inexperienced to say the least. None of them has served on a board before. More than ever, we *need* five folks there. Can we accomplish this, and how?

thank you so much for your help.

thank you, Richard. I will check.

Gentlemen, I'm sad to tell you that I've looked at both the CC&R's AND the By-laws and they both plainly say "3". There does not appear to be one bit of wiggle room. But thank you (I had a brief glimmer of hope!)

thank you, Tim!

in all honesty, Tim, we are in a terrible position. Neither the CCR's nor the By-laws support a body that can adequately and fairly tend to the needs of the community. In the words of Hans Solo, "I got a bad feeling about this".

Jan, did you review your Bylaws to see if you can appoint officers who are not directors?? If so, the board can do this and appoint, say, a treasurer who's not a director and one or more others who do have experience. Perhaps you'll be willing to volunteer to help the transition.

Often the Bylaws will say that the President must be a director.

Tim, good morning, and sorry for the late reply. I'm currently exploring some options and will post the results here. I love your notebook idea and would certainly welcome your input in that area!

Tim: I wanted to add that your calendar is a very useful document and I've forwarded it to the new board. Thank you so much again! jan