MindyW (California)
Posts: 6
Posts: 6
Posted:
Hello,
Our HOA governing documents specifically state when the Declarant (Kennedy-Wilson / Multi-Billion Dollar Company) would lose their Class "B" Membership (gave them (3) seats on the (5)-Member Board to appoint their representatives to). Those (3) seats would not go up for election while the Declarant was within their Class "B" Membership status.
Our Declarant lost their Class "B" Status after the 4th year anniversary of the sale of the first lot in the first phase of our single-family home development. This event took place (6) years ago. The Declarant's (3) appointed seats have NEVER gone up for election. Only the (2) homeowner seats have.
The Declarant had purchased 163 vacant lots in our community from the original developer (Pulte). The Declarant has never done anything with the lots and they remain with no homes built on them.
Every time my husband and I have brought up this to the Board, we have been blown off. What can we legally do about this? I know that the (2) Board members who are homeowners may be protected under the CC&Rs, however I've read that the Declarant is not afforded the protection, nor should they be.
The Board has hired our former Homeowner Board Members (2) to be our Property Management Company. They only stepped down from the Board when they were handed the paid (very well I might add) contract as our Property Management Company. They had never been a Property Management Company prior and our HOA is their first client.
They are running their Property Management Company out of their residence within our community (against our CC&Rs), which the Board knew would be the case when they handed them the contract.
Beyond comprehension, we homeowners are now paying (HOA Dues) to have our privacy stripped from us! Our neighbors (Property Managers) sit in on every "Hearing" (meant to be private / not attended by other homeowners as they are of a personal nature). Every e-mail, mailed correspondence, concern, or complaint is read, opened, filtered and handled however those neighbors (Property Managers) decide, and all HOA files, including all violations, legal proceedings, liens, etc. are kept within the neighbors' residences. We are forced to go through the Property Management Company for everything. Our Board insists they are the first point of contact and only thereafter will the Board act.
Any assistance or advice would be greatly appreciated.
Thank you kindly.
Our HOA governing documents specifically state when the Declarant (Kennedy-Wilson / Multi-Billion Dollar Company) would lose their Class "B" Membership (gave them (3) seats on the (5)-Member Board to appoint their representatives to). Those (3) seats would not go up for election while the Declarant was within their Class "B" Membership status.
Our Declarant lost their Class "B" Status after the 4th year anniversary of the sale of the first lot in the first phase of our single-family home development. This event took place (6) years ago. The Declarant's (3) appointed seats have NEVER gone up for election. Only the (2) homeowner seats have.
The Declarant had purchased 163 vacant lots in our community from the original developer (Pulte). The Declarant has never done anything with the lots and they remain with no homes built on them.
Every time my husband and I have brought up this to the Board, we have been blown off. What can we legally do about this? I know that the (2) Board members who are homeowners may be protected under the CC&Rs, however I've read that the Declarant is not afforded the protection, nor should they be.
The Board has hired our former Homeowner Board Members (2) to be our Property Management Company. They only stepped down from the Board when they were handed the paid (very well I might add) contract as our Property Management Company. They had never been a Property Management Company prior and our HOA is their first client.
They are running their Property Management Company out of their residence within our community (against our CC&Rs), which the Board knew would be the case when they handed them the contract.
Beyond comprehension, we homeowners are now paying (HOA Dues) to have our privacy stripped from us! Our neighbors (Property Managers) sit in on every "Hearing" (meant to be private / not attended by other homeowners as they are of a personal nature). Every e-mail, mailed correspondence, concern, or complaint is read, opened, filtered and handled however those neighbors (Property Managers) decide, and all HOA files, including all violations, legal proceedings, liens, etc. are kept within the neighbors' residences. We are forced to go through the Property Management Company for everything. Our Board insists they are the first point of contact and only thereafter will the Board act.
Any assistance or advice would be greatly appreciated.
Thank you kindly.