Someone please HELP!!!

First off... Realize YOU and your neighbors ARE the HOA. It's not a separate entity. It's NOT a "They or Them"... It is YOU and your neighbors. 2nd establish a list of members. Know your neighbors. Find and recognize who are to be board members. Call a special meeting if you want to discuss the issues. Get a copy of your documents and read them.

HOA's are volunteer organizations that are non-profit. Time to volunteer and get rid of the apathy by doing so...

The answer to Tim's question is critical to knowing how to proceed. If the developer is still in control, your options are limited. If the developer is no longer in the picture, then you have more options.

Melissa's point is also good to keep in mind.

I'd say step one is to make sure to read and understand your governing documents, which typically include Covenants (aka CCRs, Deed Restrictions, sometimes other names) and Bylaws. Those documents should explain the process for electing directors (typically an annual meeting). Assuming annual meetings are not being held, there should be a procedure in the docs for calling a special members meeting to recall and and replace the board members. This probably requires a request by some minimum percentage of owners.

Keep in mind that the MC works for the association at the direction of the board, the MC should not be in charge. You and fellow like minded owners need to take back control of the association. Again, this is all assuming the developer is not still in control, if they are, then you might have to wait until turnover to have any input.

Adam

In many cases a Special Meeting is not controlled by the existing BOD. It can be controlled by those calling for it. Typically it will be challenged by the existing BOD so you have to be sure you have all your legal ducks in a row. In order to assure such, it might be best to hire an attorney to oversee the Special Meeting.

Very good advice to you from all, Adam.

If you don't want to go to court, you MUST unify with your fellow homeowners and take joint action. Just one benefit is sharing the expense of mailers or even a one-time visit with an HOA attorney.

Start with calling a special meeting of the members via the petition process. As you say, it'd b pretty easy. At the very least, you'll find enough to get a for group together to move forward and make the necessary changes.

I have no issue with what’s been suggested so far – as Melissa said, the homeowners are the HOA, and so if anything’s going to change, they have to step up. I know the prospect of contacting over 400 homes is overwhelming, which is why you need to get some like-minded neighbors to help you.

Start with the ones you’ve spoken to who are just as bugged about the situation as you are. You may need a few meetings to review the documents to see what’s needed to call a special meeting and find a place to hold it. If you don’t have a clubhouse in your community, use a nearby church or community center. Pool together some money so you can send out a letter or split up the neighborhood and have everyone go out and collect signatures.

If you know who sits on the “ghost board,” present the petition to them AND the property manager, telling them this meeting is going to happen whether they show up or not. And get an attorney to help ensure you’re trying to make change according to the steps listed in your documents (if the “board” threatens to sue, let them – you do the right preparation and let them try to defend themselves if they can)

You said you filed a complaint with the AG, so you’ll want to keep the investigator in the loop (remember, they can’t represent you individually, but may be able to compel the property manager and ghost board to talk to you – personally, I’d be leaning on the property manager in a painful way!)

At that meeting, you need to discuss the lack of a functioning HOA board and what may happen if the community doesn’t get its ish together (do a search on this website or Google HOA receivership to see what that entails and how it can put a serious hurt on your wallet). It may be this meeting will prompt everyone to vote out the current board, such as they are or they’ll all quit – if and when that happens, you need to have people ready to step up and serve as board members (starting with you).

You've already figured this out, I'm sure, but sadly there will be some homeowners (maybe more than a few) that really won't give a rat's behind about any of this. As long as things seem to be going ok, the assessments aren't "too high" (whatever that means) and no one interferes with their lifestyle, they don't care who runs the HOA. Don't worry about them (at least not yet) - provide the information to everyone and rally together the ones you can.

Like you, I worry about a homeowner also owns the management company. That’s not good because there’s too much of a risk for a conflict of interest, so this will be among the first thing the new board will need to address. You’ll also need to have the finances audited to see where the money’s going (or not). That’s another reason to get an association attorney – you may have to deal with the property manager in court if she doesn’t cooperate.

You’re in Indiana, so if HOA board “bidness” is new to you, I suggest you check out the Community Association Institute website Tim mentioned. I know there’s a central Indiana chapter (I represented my own HOA when I served on the board). If you’re in the area, I believe they still hold periodic seminars for board members on a variety of subjects. All of the board members need to join (the association should pay for it) and attend those seminars so they’ll learn best practices of running an HOA. Or join on your own so you can check out their materials and educate yourself.

One more thing – you don’t say how old your community is, but if it was established on or after July 1, 2009, it’ll be governed by IC 32-23-5 of the Indiana code. Here’s a link (this was prepared by one of the major HOA law firms in central Indian) – get comfy and start reading, because this will also dictate how your community should be run. http://eadsmurraypugh.com/wp-content/uploads/2014/10/Indiana-HOA-Act-as-of-2015.pdf

Good luck to you.

Adam,

Holding a special meeting would only be the start of the work to be done (and may not be needed).

Gathering support and having firm volunteers for Board members at the annual meeting is the least expensive route to go. Proxies, if allowed, can be a big help here.

Even if you do get a special meeting, the meeting would be to recall the current board and replace them with who?

This is why I said it's best to gather support and have firm commitments from individuals who believe as you do first. Many are willing to follow. Few are willing to volunteer to do the work. You being elected to the Board may be able to accomplish a few things, but without support from other Board members you will likely accomplish very little (if anything at all).

Gather support and get a group together who are willing to serve to make your Association better.

Sounds like you're on the right track, Adam.

Several years ago when my HOA had a arrogant & ignorant board, a small group-maybe 13-- of us newer Owners formed and met to learn & discuss our docs and CA state laws. We then called a meeting for any owners to attend and dispersed into several "break-out" groups that discussed their ideas to improve our HOA overall, e.g., communication, board meetings' organizations, CC&Rs relevant to governance, etc.

Of 200+ condos with 43% absentee Owners (at that time), about 80 attended, which we liked. Form there several of us volunteered to run for the board in the upcoming election a few months off. while we didn't gain a quorum of the Board, we did at the election a year later. During that year we were a minority on the Board, we still a got a lot down re: adhering to state laws and our own docs. Our then-new management co. (MC) was a big help--think they could see the writing on the wall.

Onward, Adam!

JohnC46, did you encounter a lot of pushback from the other board members in that first year while you were all still in a minority position on the board? I'm thinking in terms of bad-mouthing, casting aspersions on your "agenda", instigating rumors, accusations of "undermining the board", etc.

If ALL of the prior Board quit ... simply get together enough owners to make a quorum via proxies or in person for a special meeting. Prior to "Special Meeting" have an informal meeting with all owners to discuss with each other prior to meeting how many BOD positions need to be filled and who is willing to step up to plate. This is potentially makes it easier regarding ballots sent prior to meeting for proxy votes, but keep in mind generally in most states people can also be added from the floor during the meeting.

Stuff happens ... what is important is how well you pick yourselves up and move forward.

two of the best parts of doing it th way John's & my hOA die is (1) very low cost and (2) we got to know a lot of our neighbors and unified against tyranny.