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LoriF3 (South Carolina)
Posts: 240
Posted:
Okay reading the bylaws it says that board of directors starts as 3 then after 1 year goes to 5 .( I have seen 3 names and 1 resigned so that leaves 2 never saw any more added )

Some one is telling me that since they have a Home Owner Association you do not need any board of directors .Googling this issue it seems you still need a board of directors .

Who is right me or the other person
DaveD3 (Michigan)
Posts: 796
Posted:
Who oversees the operation of the association, if not for the BOD?
CarlJ2 (Texas)
Posts: 194
Posted:
The BOD may be in an advisory role ahead of the division being built out and sold, but after that a home owner volunteer BOD runs the corporation thereafter.
LoriF3 (South Carolina)
Posts: 240
Posted:
Okay so there is a bod and an hoa I thought so but wasn't sure thank you
KerryL1 (California)
Posts: 14,550
Posted:
Well, Lori your HOA (Homeowner Assoc.) has a name and probably is a non profit corporation. This means the HOA has a board of directors. Your "corporation's" bylaws say how many.

As I wrote elsewhere, if you look at the front section of your CC&Rs (covenants; declaration) you'll probably see definitions of words like bylaws, etc.
KerryL1 (California)
Posts: 14,550
Posted:
Well, Lori your HOA (Homeowner Assoc.) has a name and probably is a non profit corporation. This means the HOA has a board of directors. Your "corporation's" bylaws say how many.

As I wrote elsewhere, if you look at the front section of your CC&Rs (covenants; declaration) you'll probably see definitions of words like bylaws, etc.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By CarlJ2 on 09/18/2017 10:27 AM
The BOD may be in an advisory role ahead of the division being built out and sold, but after that a home owner volunteer BOD runs the corporation thereafter.

Carl

Do not forget it is an elected home owner volunteer BOD that runs the corporation. As to when elected can be an issue but there was an election.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By KerryL1 on 09/18/2017 11:02 AM
Well, Lori your HOA (Homeowner Assoc.) has a name and probably is a non profit corporation. This means the HOA has a board of directors. Your "corporation's" bylaws say how many.

As I wrote elsewhere, if you look at the front section of your CC&Rs (covenants; declaration) you'll probably see definitions of words like bylaws, etc.

Yes we do have a name ( I don't wish to put the name on here ) and we are non profit as I saw on the secretary of state web site

I do see words like bylaws and I have read them and even asked others what they made of it .The answer I got from only one person was they are reading it different than I am
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LoriF3 on 09/18/2017 10:08 AM
Okay reading the bylaws it says that board of directors starts as 3 then after 1 year goes to 5 .( I have seen 3 names and 1 resigned so that leaves 2 never saw any more added ) The BOD needs to appoint someone to fill the open positions until your next Annual Election following your governing documents and State Laws.. You have not stated for sure if should at this time be 3 or 5?

Some one is telling me that since they have a Home Owner Association you do not need any board of directors .Googling this issue it seems you still need a board of directors. If your HOA is registered as a Non-Profit Corporation you need your BOD of Directors. Also, if your HOA Bylaws dictate ... you need your BOD of directors. That someone telling you different is potentially full of BS.

Who is right me or the other person. YOU

GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By LoriF3 on 09/18/2017 1:11 PM
Yes we do have a name ( I don't wish to put the name on here )

That's good. No, that's perfect. One of the posting rules here at hoatalk is "no names" when discussing associations or people or companies/contractors an association does business with. I have seen people post links to where their association name was obvious and I THINK that's OK as long as the name isn't revealed in any posts here.
LoriF3 (South Carolina)
Posts: 240
Posted:
Here is the section of which it speaks about Board of Directors

Article VII
The affairs of this association shall be managed by an initial board of three (3) directors who need not members of the association .
The number of directors may be changed by an amendment of the bylaws and association .At the first annual meeting the number of directors shall be increased to five (5) .The names and addresses of the persons who to are act in the capacity of directors until the selection of their successors are

I have left out the people mentioned in the next section .I will say there are 3 names listed ,and per records at the Department secretary of state 1 of the 3 placed a resignation paper there the other 2 did not .
No one that I have spoken to know these people .

I have also asked about a paper on file with the department of the secretary of state which says ________- President no one knows this person .
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By GenoS on 09/18/2017 10:51 PM
Posted By LoriF3 on 09/18/2017 1:11 PM
Yes we do have a name ( I don't wish to put the name on here )

That's good. No, that's perfect. One of the posting rules here at hoatalk is "no names" when discussing associations or people or companies/contractors an association does business with. I have seen people post links to where their association name was obvious and I THINK that's OK as long as the name isn't revealed in any posts here.

Thanks I was hoping that it was okay not to post names
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JanetB2 on 09/18/2017 9:56 PM
Posted By LoriF3 on 09/18/2017 10:08 AM
Okay reading the bylaws it says that board of directors starts as 3 then after 1 year goes to 5 .( I have seen 3 names and 1 resigned so that leaves 2 never saw any more added ) The BOD needs to appoint someone to fill the open positions until your next Annual Election following your governing documents and State Laws.. You have not stated for sure if should at this time be 3 or 5?

Some one is telling me that since they have a Home Owner Association you do not need any board of directors .Googling this issue it seems you still need a board of directors. If your HOA is registered as a Non-Profit Corporation you need your BOD of Directors. Also, if your HOA Bylaws dictate ... you need your BOD of directors. That someone telling you different is potentially full of BS.

Who is right me or the other person. YOU


I posted a bit of the section in regards to the bod so I would think 5 but there are no papers filed at the department of the secretary of state .There are the 3 from 98 and in 99 1 of the 3 placed a resignation paper and that is the end of the paper trail there .

Again I feel we are to have a bod but when you have only a really bad property manager and 3 people who are on the hoa who I think 2 only wanted to get on there so they could get things changed like park a boat in a driveway during so many months of the year ,the other one who is more concerned because not every mail box is black and one who is trying but really is in over her head ,I feel like I am banging my head against a brick wall
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By LoriF3 on 09/19/2017 4:34 AM
I feel like I am banging my head against a brick wall

After 3.5 years in my HOA I can only say "get used to it". I feel that way a lot. Still.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By GenoS on 09/19/2017 5:57 PM
Posted By LoriF3 on 09/19/2017 4:34 AM
I feel like I am banging my head against a brick wall

After 3.5 years in my HOA I can only say "get used to it". I feel that way a lot. Still.


LOL ... After 7 years in my past HOA dealing with a Lawsuit and a developer still trying to engage in sneaky underhanded garbage ... you would think by now my head would be nothing but a bloody pulp beating against that brick wall. However, sometimes he who is right and perseverance wins in the long run. Many times I wanted to throw in the towel, but when I stopped and considered the consequences for not only my family, but also my neighbors and community at large ... I was not quite ready to call it quits.
LoriF3 (South Carolina)
Posts: 240
Posted:
Well I did manage to get the papers on the new management company to the interim president who said she would look it over .

My certified letter should hit the current property managements office today so we will see if they respond to my request ,of seeing the contract .

Seriously they are bad and I saw somewhere else some wants to file a class action law suit on them .
I do not trust them not one bit especially after watching one of those tv channel investigates segments .
JanetB2 (Colorado)
Posts: 4,219
Posted:
Appears you are on right path with seeking your info. Hope it works out for you.
LoriF3 (South Carolina)
Posts: 240
Posted:
Thank you as I have been tracking the letter and the mail delivery attempt was made on Wednesday and now I am not sure what happens next .I am guessing they left a note and are holding at the post office .I guess if they do not pick it up they will send it back to me .( wonder if I can get my 6 bucks back if that happens )
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LoriF3 on 09/22/2017 12:34 PM
Thank you as I have been tracking the letter and the mail delivery attempt was made on Wednesday and now I am not sure what happens next .I am guessing they left a note and are holding at the post office .I guess if they do not pick it up they will send it back to me .( wonder if I can get my 6 bucks back if that happens ) LOL ... NOPE will not get money back, but is money potentially well spent. If returned DO NOT open the envelope and just file with the copy of your letter sent. If the issue ends up in Court a Judge can open and see exactly what you sent along with the information of it being "refused" and returned. Believe me ... it will not look good for the HOA if that is the case.

LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JanetB2 on 09/23/2017 12:34 AM
Posted By LoriF3 on 09/22/2017 12:34 PM
Thank you as I have been tracking the letter and the mail delivery attempt was made on Wednesday and now I am not sure what happens next .I am guessing they left a note and are holding at the post office .I guess if they do not pick it up they will send it back to me .( wonder if I can get my 6 bucks back if that happens ) LOL ... NOPE will not get money back, but is money potentially well spent. If returned DO NOT open the envelope and just file with the copy of your letter sent. If the issue ends up in Court a Judge can open and see exactly what you sent along with the information of it being "refused" and returned. Believe me ... it will not look good for the HOA if that is the case.


Okay thank you

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