HOA Board just called a special meeting that's in 21 hours to remove myself from board...

Started by JeremyM3 • 42 replies • 1716 views

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JeremyM3 (North Carolina)
Posts: 122

Posted:

State: North Carolina

Our HOA Board is incredibly incompetent, and they're trying to remove me from Treasurer because I'm the only 1 on the board that wants to enforce (or amend) the covenants.

Our covenants/bylaws say you need to give 10 days notice for a special meeting, and that board members can only remove other board members if a board member a) misses 3 consecutive meetings or b) owes dues 30 days past due. Neither apply to me. Our covenants state only the residents can remove a board member with 51% of vote.

We had a resident meeting scheduled for 5/15, letters were already mailed to residents, and we already paid the fire station for the meeting room... today the board just voted to postpone the meeting to 5/31 "per legal council". This will increase our costs by a good amount.

I posted 1 thread here before about suing my HOA, and things have gotten much worse since then.

The board is refusing to enforce:
8 feet fences (Covenants state 6 feet limit)
2 sheds that are located 100% in a common area and not on the owner's property
Sending trash can violations to some people and not others
Not sending any violations for commercial vehicles in driveways
Not sending any violations for mailbox coverings (Covenants state NO alteration to mailboxes)
etc. etc. etc.

Our 5 board members also act as our Architectural Committee.
Yesterday the ARC approved a request without even calling a vote on it, because 3 of the members were there when the request was made.

I have a petition to remove the President from the board, and I have 24/49 signatures...I just need 1 more to have majority on it.

How should I proceed at this meeting that was JUST called for tomorrow?

Record it on my phone? (It's a 1 party consent record state) Then hire a lawyer to actually sue the HOA/Board?

RichardP13 (California)
Posts: 3,868

Posted:

I have been told here that Boards wouldn't dream of the actions you say they are taking.

JeremyM3 (North Carolina)
Posts: 122

Posted:

I've got it ALL documented, the board does 95% through emails.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Have proof and present it at the meeting.

Write a flyer and distribute it to all residents outlining your case, keep it simple and factual. Don't Embilish. Don't let emotions get in the flyer (i.e. no name calling). Provide references or say you will provide at the meeting.

Example:

Not the President called for decisions via email.
Instead: The Board has decided many issues via email. This is called an action without a meeting (AWM). AWMs are allowed per corporate statute NC xxxx.xxx However, per statute, said actions are to be unanimous and I never voted or voiced my opinion.

JeremyM3 (North Carolina)
Posts: 122

Posted:

To be more clear, the board has a Board Member ONLY meeting that was JUST called for tomorrow at 7:45pm to vote me off the board (Not allowed per our bylaws, only residents can remove a board member)

They also have the meeting on 5/31 to remove me from the board (Residents meeting)

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jeremy,

In that case, simply show up and have them cite the section of statute or governing docs that allow such a vote.

Keep in mind that I expect you were elected and not appointed to the Board.
If appointed, then it would be possible for the Board to remove you (those who appoint my remove).

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JeremyM3 on 05/08/2017 8:59 PM
To be more clear, the board has a Board Member ONLY meeting that was JUST called for tomorrow at 7:45pm to vote me off the board (Not allowed per our bylaws, only residents can remove a board member)

They also have the meeting on 5/31 to remove me from the board (Residents meeting)

Agree that only members/residents can remove Board member; however, in most states the Board can removed an Officer from a position. Therefore, is the meeting being called to remove you from the Board of Directors (a position elected by membership and only allowed to be removed by membership) or as an Officer and which is potentially allowed by the Board?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Good point.

The Board can remove you as Treasurer.
However, you would still be a Director and have a vote.

Directors and Officers are two different positions.
Directors are typically elected by the membership and serve for a specific term.
Officers are typically appointed by the Board and serve at the pleasure of the Board.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Okay... Controversy time... Do ya have a feeling there is more to the story than the OP is stating? Something is up here ya... I smell it. NOT thinking "victim" as much as one would like to present. I am telling you all there is more to this. Time to find out...

Former HOA President

KerryL1 (California)
Posts: 14,550

Posted:

With Tim & Janet. The board probably cannot remove you as a director UNLESS they appointed you. Read your Bylaws, Jeremy.

And you're trying to remove the president form the board with your petition and a meeting that would follow, right? Can you cite for us the quote from (probably) your Bylaws about how this removal must proceed?

I have a feeling that you have directors & officers mixed up or blurred together.

Unlike Melissa, I personally don't want the backstory.

JeremyM3 (North Carolina)
Posts: 122

Posted:

I did have officer/director mixed up.

The meeting they called for tonight (that they emailed me about last night) is to remove me as Officer/Treasurer.

Bylaws state they can do this, but that they need to give 72 hour notice for the meeting.

They just rescheduled our 5/15 community meeting for 5/31 and are adding to the agenda a vote to remove me from board, and I have my it on the agenda for a vote to remove the President then as well.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By JeremyM3 on 05/09/2017 12:59 PM

They just rescheduled our 5/15 community meeting for 5/31 and are adding to the agenda a vote to remove me from board, and I have my it on the agenda for a vote to remove the President then as well.

That sounds like the kind of HOA meeting that could be a hit on youtube!

Escaped former treasurer and director of a self managed association.

KerryL1 (California)
Posts: 14,550

Posted:

Jeremy, please, please read your Bylaws. I believe the meeting is a "members Meeting," yes? NOT a "community" meeting or a "residents" meeting. What is the voting procedure for Owners to remove (recall) directors from the Board? If you don't do it right, you've just wasted your time.

You need to try to understand the legal procedures, etc., or have a knowledgable former director or friend help you out. There's a special language in HOAs that's in your documents.

Where is the wording for the 72-hour notice for an executive session?

JeremyM3 (North Carolina)
Posts: 122

Posted:

Kerry can I email you my bylaws? It's 18 pages

JeremyM3 (North Carolina)
Posts: 122

Posted:

The last sentence here is what I'm focusing on

Bylaws
Article III Board of Directors: Selection, Meetings, Powers

Meetings
Organizational Meetings
(irrelevant section)

Regular Meetings
Regular meetings of the Board may be held at such time and place as a majority of the directors shall determine, but at least two such meeting shall be held during each fiscal year with at least one every other quarter.

Special Meetings
Special meetings of the Board shall be held when called by written notice signed by the President or Vice President or by any two directors

Notice; Waiver of Notice
Notices of Board meetings shall specific the time and place of the meeting, and in the case of a special meeting, the nature of any special business to be considered. The notice shall be given to each director by: (list includes email is ok). Notices given by personal delivery, telephone, or other device shall be delivered or transmitted at least 72 hours before the time set for the meeting.

JeremyM3 (North Carolina)
Posts: 122

Posted:

My plan for the wrongly called meeting tonight (only gave 21 hour notice, bylaw requires 72 hours) to remove me as officer/treasurer is to just sit there, listen to the whole meeting, try to get them to say on record WHY they want to remove me, and I'll abstain from voting. Then wait until the minutes get sent to our Management company, THEN making myself heard on how they didn't follow the bylaws for giving meeting notice.

Should add to my case that the board is inept when I try to remove them...

Is that plan ok?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By JeremyM3 on 05/09/2017 3:09 PM
My plan for the wrongly called meeting tonight (only gave 21 hour notice, bylaw requires 72 hours) to remove me as officer/treasurer is to just sit there, listen to the whole meeting, try to get them to say on record WHY they want to remove me, and I'll abstain from voting. Then wait until the minutes get sent to our Management company, THEN making myself heard on how they didn't follow the bylaws for giving meeting notice.

Should add to my case that the board is inept when I try to remove them...

Is that plan ok?

I think it's certain that at some point soon, you will be lawfully removed as treasurer. While proper notice has not been given, it will take little effort to give proper notice and remove you as treasurer. If I were you, what I would focus on are much bigger issues, raising awareness with the membership, and hoping that some qualified people get on the board at the next election. After you are removed as an officer, you still get to vote as a director. Make sure your vote is being counted, even if it is only by your public announcement at open meetings. Stay calm at all times. Do not let the other directors see you beaten. But do own that you simply do not have the numbers on the board to make much of a difference at this time.

JeremyM3 (North Carolina)
Posts: 122

Posted:

Quote:

Posted By AugustinD on 05/09/2017 3:21 PM

Thank you for the advice. I've highlighted the part of our bylaws + covenants that also say that you are not personally liable EXCEPT if you act in gross negligence. I plan to point this out to the board members tonight as well.

I've got a 3 page document written up already on my HOA Accomplishments I've done so far, and then 1 page on why to remove the President, and 1 page on why to remove the Vice President too. I plan to bring this to the community meeting on 5/31.

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Just to be clear, you probably waive your right to proper notice by showing up to the meeting.

JeremyM3 (North Carolina)
Posts: 122

Posted:

Quote:

Posted By JeffT2 on 05/09/2017 3:33 PM

Just to be clear, you probably waive your right to proper notice by showing up to the meeting.

So it's better if I don't show up at the meeting?

JeremyM3 (North Carolina)
Posts: 122

Posted:

Bylaws say:

Notice of a meeting also shall be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice.

So I'll just go to the meeting and protest about lack of adequate notice and they'll have to reschedule.

Thank you all!

JeremyM3 (North Carolina)
Posts: 122

Posted:

I went to the meeting and the very beginning I protested that inadequate notice was given for the meeting.

They still had the vote, however the President misspoke and said "Vote to remove from Board" instead of "Vote to remove as Officer/Treasurer", so that's reason #2 by the vote/meeting today was invalid.

Our bylaws don't allow the Board to vote to remove a board member.

I recorded the entire 1 hour meeting.

They also stated they won't be enforcing the violations I reported including:
Mailbox coverings
Fence 8 ft tall (only 6 ft is allowed)

JeremyM3 (North Carolina)
Posts: 122

Posted:

Bylaws state:

Notice of a meeting shall be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice.

It's on recording that I protested at the commencement due to lack of adequate notice.

JeffT2 (Iowa)
Posts: 880

Posted:

Quote:

Posted By JeremyM3 on 05/09/2017 8:39 PM
Bylaws state:

Notice of a meeting shall be deemed given to any director who attends the meeting without protesting before or at its commencement about the lack of adequate notice.

It's on recording that I protested at the commencement due to lack of adequate notice.

It is also in the NC Nonprofit law:

§ 55A-7-06. Waiver of notice...
(b) A member's attendance at a meeting:
(1) Waives objection to lack of notice or defective notice of the meeting, unless
the member at the beginning of the meeting objects to holding the meeting
or conducting business at the meeting; and
(2) Waives objection to consideration of a particular matter at the meeting that is
not within the purpose or purposes described in the meeting notice, unless
the member objects to considering the matter before it is voted upon.

TimB4 (Tennessee)
Posts: 21,059

Posted:

So, does the Board think they removed you as Treasurer, Director or Both?

Keep in mind that, regardless of the reason, for the meeting/decision to be invalid, a court needs to rule it is invalid.
I understand principal. I understand pride and hurt. Do you really want to take this issue (your removal) into the courts?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Tim do you think this was going to end any other way? Of course courts will be an option. Guaranteed...It's always been the goal I believe. Sorry but lost my empathy a little while back on this one...

Former HOA President

JeremyM3 (North Carolina)
Posts: 122

Posted:

The board bribed me at the meeting last night, they said and I have on recording that they think I'm a great treasurer and they'd keep me on the board IF I go along with them and stop trying to enforce violations.

They informed me last night that they hired a lawyer on several occasions already in order to learn how to remove me from the board...
We have a very small HOA, 49 homes, we don't have a big budget to be hiring lawyers. I asked how much the lawyer bill was and none of them had any idea.

They also said they aren't willing to place liens on anybody for unpaid dues, even though we have dues that are 5.5 months past due now, and nobody has contacted us requesting payment plans.

SheliaH (Indiana)
Posts: 6,964

Posted:

With all due respect to KerryL1 (who I agree with 90% of the time), I have to agree with Melissa that there’s some backstory here you haven’t told us. We don’t need a complete blow by blow, but I often find this stuff doesn’t just pop up – I know I like to hear a little of it because it helps me craft a more thoughtful answer. After all, you’re telling us what you want us to hear – you may be correct, but what would the rest of the board and this president have to say about YOU?

You said the board “bribed me at the meeting”, saying they think you’re a good treasurer, etc. That’s not a bribe unless you got paid somehow, so when you say that, do you mean you’re going along with whatever they said or they tried to bribe you and you told them hell to the naw? If it’s former, what are you yelling about? By the way, what happened to your petition to get rid of the president?

Personally, I think there’s lots of beef between you and the president and since it appears it’s you vs. the rest of the board (apparently they’re siding with him for whatever reason), you two are either going to have to have a sit down and settle your differences once and for all or one of you (perhaps both) need to step down and let other folk take over who can get on with the real work of running the association. Is there someone who knows and likes both of you who could mediate things without people yelling about going to court? You may not be able to control the president’s actions, but are YOU willing to sit still and LISTEN to what everyone has to say? Some of what you hear may not be pretty, but it may be right.

Maybe what you need is an executive session with some sort of therapist facilitating the discussion so you don’t wind up cussing each other out or worse. Getting everything in the open and finding a way to work together is the goal and if you come to an agreement, leave the bad stuff in the executive session, come out and start acting like the adults you’re supposed to be.

Running the association does means rule enforcement and pursuing delinquent assessments, as scary as that is to some people, and as a former Board treasurer, I agree with you that the board isn’t following its fiduciary duty in holding all homeowners responsible for their fair share of paying association assessments.

Never mind mailbox coverings and fences – THIS may be the issue you need to educate the homeowners about. Ultimately, they decide who sits on this board and perhaps if they’re made to understand that it’s unfair for them to pay when others don’t or refuse to, and everyone’s expenses go up because the payers have to indirectly subsidize the deadbeats, they’ll get angry enough

h to demand answers or toss the entire board (which may include you) and replace them with others who will.
But first, you need to decide if you want to stay on the board and fight for change from within, knowing you will likely get outvoted or everything or resign, letting everyone know your reasons and then keep fighting for what you believe in by talking and talking and talking some more to the homeowners who eventually decide everything. It’s not easy being the lone ranger or speaking truth to power, so understand what you’re in for. Good luck to you.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I want my HOA to take action... They won't do this or this to enforce the rules/regulations... Let's look at WHY this may be the case. Considering it takes TIME, MONEY, and EFFORT to do so. It's not an overnight across the board enforcement.

Let's tackle the "My HOA doesn't put liens/sue/foreclose on homes that don't pay dues". Mmm... What could be the reasons? Does your HOA have a policy in place at what point this is enforces? We had a policy of 6 months behind we lien - 1 year behind we CONSIDER foreclosure. What do you want your HOA to do? Pick and choose at random or hatred?

Let's keep going... How much does it cost to file a lien/lawsuit/foreclosure? It depends. Liens in some states are "free". Other states they cost a few hundred dollars to FILE and may/may not require an attorney. Now keep in mind a lien/lawsuit/foreclosure is filling a "hole" of money owed. Collecting the money just fills in to make the HOA "WHOLE". So it is a case of where you have to HAVE money to MAKE money. This can be VERY difficult for smaller HOA's. Even though liens do include legal expense of filing, you still have to have the money upfront. In our case dues were $50 a month ($20 late fees). It was just at 6 months was the break even mark of being able to pay for a lien and money owed. So your HOA may not want to look like they are "selective enforcement" if they can only afford to file one or 2 liens when 10 exists...

HOA is NOT a "They or Them". It's YOU and YOUR neighbors. What is the problem of acting like it? You don't like something that is a violation then why not write it up and submit it to the board? Make sure to reference the exact quote from the CC&R's. Then if the board wants to take action then they can vote on it as a group you are. If the board doesn't want to act, then so be it. You did your part or you LISTENED to what is making up their decision NOT to address.

I've had people in violation took no action over. Not every violation needs to be addressed and corrected. The ones that do tend to have a way of introducing themselves. Plus the rules can always change if majority agrees. What may be a violation today may not be tomorrow.

Former HOA President

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I forgot to include... What kind of actions do you want your board to take? What options are available for them to take them? Do you have a fine schedule? Do you lien/sue/foreclose? Fix the violation and send the owner the bill? For ALL the violations you bring up to the board and they take no action on... If they could, what would they be???

Sorry but I still smell something here... My gut tells me the OP is gung-ho on making a legal case and the HOA is sensing this. Hence why they consulted lawyers. They know the OP is a loose cannon who is ready to aim them right into court. The HOA is just staring down a barrel at this point waiting for the OP to fire... They are probably sick of the sound of cracking eggs...

Former HOA President

JeremyM3 (North Carolina)
Posts: 122

Posted:

Quote:

Posted By MelissaP1 on 05/10/2017 5:13 PM
I forgot to include... What kind of actions do you want your board to take? What options are available for them to take them? Do you have a fine schedule? Do you lien/sue/foreclose? Fix the violation and send the owner the bill? For ALL the violations you bring up to the board and they take no action on... If they could, what would they be???

Sorry but I still smell something here... My gut tells me the OP is gung-ho on making a legal case and the HOA is sensing this. Hence why they consulted lawyers. They know the OP is a loose cannon who is ready to aim them right into court. The HOA is just staring down a barrel at this point waiting for the OP to fire... They are probably sick of the sound of cracking eggs...

In 5 years since the street was built, there have been 0 fines issued.

I want the board to enforce the laws and make people fix their violations, or fix them for the people and bill them such as:

Fence 8 feet tall (limit is 6 feet)
Commercial vehicles in driveways
Trash cans being stored in view
Trailers in yards
Mold growing on side of house
Mailbox covers/decal stick ons

Our bylaws/state laws allow for fines/liens/foreclosures.

Our process is to make a friendly letter, 1st official violation letter, final violation warning, then a letter for a hearing. Our management company charges us $3 per letter...so that's $12 in letters we pay. Our HOA dues are $265/year and we have 48 houses. I brought a vote to reduce the letters from 4 to 3, to save us money and speed up the process, the board agreed. 1 week later, they called a new vote and added back the 4th letter...

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Fence 8 feet tall (limit is 6 feet) - Your going to pay someone to cut off 2 feet of fence then send them a bill? Is 2 feet extra height of fence worth the battle?

Commercial vehicles in driveways - People have to earn money somehow. What damage is being done by this exactly?

Trash cans being stored in view - So trash cans can be in sight on trash pick up day only?

Trailers in yards - Does the HOA own the yards? Again what damage is done?

Mold growing on side of house - The HOA responsibility how?

Mailbox covers/decal stick ons - Federal property. NOT an HOA issue unless you have a rule on size/type/color of mailbox one must use.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jeremy,

First, thank you for the update. I also believe that there is more to this issue then we are being told. However, I also believe that this is the case for 99% of the posts on this forum asking for advice. I also believe that we don't need to know the back story as I doubt the advice would change much.

Regarding the process your Association uses for violations is the same process my Association uses and, from what I've heard, other Associations use. Is it possible that the Board found out that what you proposed was outside of industry standard and simply failed to convey that info?

Is it possible that you came on the Board expecting to change things by yourself (afterall, the Board is made up of reasonable people)? In my experience, if that occurred, changes rarely occur with such a method. One person may be able to get a few things heard but decisions are made by majority vote and if you are in the minority, changes simply won't occur.

I also think that you may have gone for the gold when bronze or silver would have been a better goal.

If I were in your situation, I would have been more worried about the past due accounts. I would have drafted a policy procedure and, as treasurer, simply explain the consequences of failing to collect the past due accounts. I also would propose that the Board sends out letters explaining the enforcement procedure and that if accounts are brought current by mm/dd, then all late charges will be waived. Otherwise, collection efforts will be escalated. This would have been silver.

If the Board doesn't want to enforce the height of fences, I would have proposed an amendment to change the governing documents to allow the higher fences (and let the rest of the Board see how much of a hassle it is to get such a thing adopted). This would have been done explaining that if the Board feels the fences aren't an issue, then lets take the proper steps so it's complying with our documents.
This would have been bronze.

Keep in mind, especially with small associations, that most individuals don't like telling their neighbor they need to change how they do things. Instead, they prefer to avoid the confrontation. Why, because they have to live in the same development or, perhaps, next door to the individual and many simply cannot separate board activities from friendship activities. This is something that is difficult to overcome.

I hope things work out for you.
Try to keep things in perspective.
Is it more important that commercial vehicles not be parked in the development or that you spend time with the family? If it's the commercial vehicles, based on the Board actions you have described in this thread, it may simply be better to move vs. getting worked up over the issue when nobody else seems to care.

JeremyM3 (North Carolina)
Posts: 122

Posted:

Quote:

Posted By MelissaP1 on 05/10/2017 5:47 PM
Fence 8 feet tall (limit is 6 feet) - Your going to pay someone to cut off 2 feet of fence then send them a bill? Is 2 feet extra height of fence worth the battle?

Commercial vehicles in driveways - People have to earn money somehow. What damage is being done by this exactly?

Trash cans being stored in view - So trash cans can be in sight on trash pick up day only?

Trailers in yards - Does the HOA own the yards? Again what damage is done?

Mold growing on side of house - The HOA responsibility how?

Mailbox covers/decal stick ons - Federal property. NOT an HOA issue unless you have a rule on size/type/color of mailbox one must use.

Fence: Here's a picture of the problem fence, the left side: http://i.imgur.com/M704edH.jpg

Commercial vehicles: They are supposed to be parked in the garage

Trash cans: Yes trash cans can only be out the evening before pickup, until midnight the day of pickup

Mold growing on house: Covenant gives the board judgment to decide what's a good appearance (The board actually agrees me on this that it's a problem)

Trailers in yards: It's against the covenants and looks trashy

Mailbox: Covenant says "Mailbox may not be altered or modified IN ANY WAY." Everyone has the exact same mailbox on the street. Here's 3 pics of the problem mailboxes: http://imgur.com/a/470sE

JeremyM3 (North Carolina)
Posts: 122

Posted:

We have 4 houses out of 48 that haven't paid their $265 dues yet (Was due on January 1st).

I want to send them to the lawyer for collections to place a lien on their property, and the board voted no

MelissaP1 (Alabama)
Posts: 13,836

Posted:

So your property value going down due to any of this? Prove it...

Former HOA President

JeremyM3 (North Carolina)
Posts: 122

Posted:

Quote:

Posted By MelissaP1 on 05/10/2017 6:17 PM
So your property value going down due to any of this? Prove it...

The covenants are a contract though...and the HOA/board isn't upholding their end, but I pay my dues along with 44/48 other houses.

The board just called a vote to have a lawyer present at our 5/31 community meeting for $350, and police there for $100.
That $450 cost will increase everybody's dues by $10 for 2018...I don't think homeowners would approve of that.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Mmm... Seems I may be rignt? HOA smelled trouble?

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JeremyM3 on 05/10/2017 6:12 PM

Fence: Here's a picture of the problem fence, the left side: http://i.imgur.com/M704edH.jpg

To me, yes it's an issue but one that can be fixed with a letter (perhaps from the attorney) specifying that when the fence is replaced it must be at a maximum height of 4 feet.

Quote:

Posted By JeremyM3 on 05/10/2017 6:12 PM

Commercial vehicles: They are supposed to be parked in the garage

Opens a whole new can of worms.
Is Commercial vehicle defined? If not, then it's vague.
Will the commercial vehicle fit in the garage?
Is the commercial vehicle a repair truck or simply one with signage (signage can be covered)

Quote:

Posted By JeremyM3 on 05/10/2017 6:12 PM

Trash cans: Yes trash cans can only be out the evening before pickup, until midnight the day of pickup

Trash cans will always be problematic.
Providing the cans aren't out 24 hours early and picked up by the next day, it might not be worth going beyond friendly reminders.

Quote:

Posted By JeremyM3 on 05/10/2017 6:12 PM

Mold growing on house: Covenant gives the board judgment to decide what's a good appearance (The board actually agrees me on this that it's a problem)

I know that this is a problem in many areas.
When you were on the Board, did anyone talk to the resident?

Quote:

Posted By JeremyM3 on 05/10/2017 6:12 PM

Trailers in yards: It's against the covenants and looks trashy

I agree.

Quote:

Posted By JeremyM3 on 05/10/2017 6:12 PM

Mailbox: Covenant says "Mailbox may not be altered or modified IN ANY WAY." Everyone has the exact same mailbox on the street. Here's 3 pics of the problem mailboxes: http://imgur.com/a/470sE

I think that this is an issue that is more of personal taste.
Personally, I wouldn't get really upset about this. There are larger issues to worry about.

JM16 (North Carolina)
Posts: 24

Posted:

Thought I recognized this issue. You got advice on this topic from reddit as well the other day. What happened to your acct?

KerryL1 (California)
Posts: 14,550

Posted:

Jeremy, please pay attention to Tim's observations and advice.

Meantime, I'll try again, re the 5/31 "Community Meeting: what do your Bylaws call a Meeting of the Owners? A Meeting of the members?

Next, what may happen at such a meeting? Usually it's the annual meeting and election. But there can be other member's meetings to, for example, recall (vote out) one or more directors? What are the requirements to recall one or more directors? Surely a simple petition is not enough!

to me, this is the important "backstory," not who's mad at whom, and why.

JeanI (Louisiana)
Posts: 112

Posted:

Reading this stuff makes my head spin. Do you have an association attorney who can help understand and advise you and the board? Actions such as these makes one question the advisability of homeowner associations.

DouglasM6 (Arizona)
Posts: 724

Posted:

That fence is a 6' fence. The grade of the house is higher. I'd leave it alone.

I'm not into flowers, but I also see nothing wrong with the mailboxes.

An association is supposed to be just that. You're causing issues with the neighbors and soon more and more will stop paying. Try to be a little more lenient and understanding.

You complain about 450.00 but do you know how much it will cost to place a lien on a property?

I have to say, I'm glad you're not one of my neighbors!

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