💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

LoriF3 (South Carolina)
Posts: 240
Posted:
Okay I have been pouring over my CC&R and the Bylaws ,I came across the following statement and talked to another about it but neither of us can figure it out ,nor does it make sense to us .

Article is written like this:

Directors need NOT be members of the Association

I have also reviewed the people listed as directors also checked with our State secretary and saw only 1 of the 3 resigned the other 2 turned in no such papers .
Also after looking at the addresses listed was for the builder ( the builder who developed the subdivision ) .

Now is the article normal ?
How come one resigned which was correct but not the other 2 are they still in charge ?How do we find out .
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Here is the deal with that statement you found in your documentation. Unfortunately, it's in many HOA's documents mostly by oversight. When the HOA was under the developer's control, one did not have to be a member to be on the board. It was because the developer could put their employees into those positions instead of owners. Considering HOA's first forming don't have enough owners/members to form a board at first.

Now what happens in the transition, the CC&R's are to get re-written to reflect the new voting system. There's no more A or B voting class anymore due developer being gone. However, this phrase is often overlooked as it's a very small statement. It's something that is not a glaring statement that one would notice when reviewing/making changes.

So you can change this rule by the regular ways. By a majority vote, re-write, and filing. It is to me an oversight issue.

Former HOA President
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LoriF3 on 09/22/2017 6:20 PM
Okay I have been pouring over my CC&R and the Bylaws ,I came across the following statement and talked to another about it but neither of us can figure it out ,nor does it make sense to us .

Article is written like this:

Directors need NOT be members of the Association

I have also reviewed the people listed as directors also checked with our State secretary and saw only 1 of the 3 resigned the other 2 turned in no such papers .
Also after looking at the addresses listed was for the builder ( the builder who developed the subdivision ) .

Now is the article normal ?
How come one resigned which was correct but not the other 2 are they still in charge ?How do we find out .


Are you still under Developer Control??? If the Developer owners the majority of property in your HOA then most likely the Developer has the authority to appoint the Board of Directors.
LoriF3 (South Carolina)
Posts: 240
Posted:
We don't know for certain a person who has lived in here all most from the beginning did not think so .Yet after news broke of property been sold to a new developer,all of the sudden a wooded area we had been told was part of the common area ,got bulldozed down and trees removed .
The person I spoke with lives right across from this and they asked the people who were doing this what was happening .
They told the person that they had been told by the developer to do it .The developer has done no building since 2000 so why did they wait 17 years to do this ?
We did not get told about it and its now cleared free of trees and grass .Now its just bare land but nothing else has happened .We think its very odd ,of course that is not all we have found odd .We are the only subdivision not on city water yet we have city sewer.I heard that at the beginning they could have done this but chose not to .They wanted like 8,000 from ever home to do this .
The wells are not really in good shape and we have lost water pressure and went to no water a lot and sometimes for up to 36 hours .
Seems they messed everyone in here up and don't care and then do this .
Who is going to want to have a house built in here when all the other homes are 17-18 years old ?
We also think there is something going on because our PM seems to side with the builder/developer all the time and he actually gets upset if you question anything .
I am at a loss to find out more because I do not know who else to try and ask for help about such things .
TimB4 (Tennessee)
Posts: 21,059
Posted:
Now a lot of what you have been describing makes sense.

If you are under developer control, it's possible that the developer has the right to appoint board members.

Developers often use a management company and the MC often becomes the voice of the developer.

It's possible that funding ran out which is why the wait.

It's possible that a previous developer had issues and things were tied up - hence the wait.

It's possible that profit margin wasn't large enough - hence the wait.

It's possible that the previous developer was declaring bankruptcy and this is a new developer who purchased the remaining assets and inherited the decalarant rights - hence the wait.

My suggestion. Call the MC and ask if the developer is still in charge of the Association.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By TimB4 on 09/23/2017 5:07 AM
Now a lot of what you have been describing makes sense.

If you are under developer control, it's possible that the developer has the right to appoint board members.

Developers often use a management company and the MC often becomes the voice of the developer.

It's possible that funding ran out which is why the wait.

It's possible that a previous developer had issues and things were tied up - hence the wait.

It's possible that profit margin wasn't large enough - hence the wait.

It's possible that the previous developer was declaring bankruptcy and this is a new developer who purchased the remaining assets and inherited the decalarant rights - hence the wait.

My suggestion. Call the MC and ask if the developer is still in charge of the Association.

Hi I am not sure I do find it amazingly odd that all documents were started in 1998 and just now they decided to bulldoze some property .( when I have heard from others they were told the builders/developers were done ) not until a new company is deciding to build on the front side of our subdivision .They came bulldozed and downed trees . Then left no for sale sign no nothing .Its odd who does that all most 20 years later ?
Who is going to want to place a brand new house in a all most 20 year old neighbor hood when new subdivisions are popping up like bunnies in spring ?

Oh and questions were asked to MC and they were not answered but yelled at for asking
TimB4 (Tennessee)
Posts: 21,059
Posted:
Go to the County Records Office and ask to see the PLAT for your development.

This will tell you if the construction that is happening is part of your Association or a new Association.

LoriF3 (South Carolina)
Posts: 240
Posted:
I found the site on line trying to navigate it right now thank you
LoriF3 (South Carolina)
Posts: 240
Posted:
I searched through both our subdivision name and the builder at the record web site and all under plat and 0 records were found
TimB4 (Tennessee)
Posts: 21,059
Posted:
Start by looking up your address and use the information on that to aid you.

The builder and the developer may be two different entities.
GenoS (Florida)
Posts: 4,276
Posted:
Check to see if your deed refers to a lot number on a plat. Everyone's deed here specifies the lot number and references the title of the plat and the book and page numbers where the plat can be found in the county's official records.
LoriF3 (South Carolina)
Posts: 240
Posted:
I found another web site and the land is still owned by the developer .I still wonder why they waited all most 20 years to do anything with it .
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Various reason they may not have developed that land till now. The housing market is always up or down. They may not have had the money or the need to do it. Whatever the reasons, it's being done now. Little to nothing can do about it if it's not your land.

Former HOA President
LoriF3 (South Carolina)
Posts: 240
Posted:
I also at this new site have found that they have our subdivision listed but the address is for the builder on the common areas .

Is that odd that they have our subdivision listed but the address is for their place ?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LoriF3 on 09/23/2017 6:05 PM

Is that odd that they have our subdivision listed but the address is for their place ?

I don't think it's that uncommon.

The developer was (is) in control of the Association.
Hence, the developers address is on the paperwork.
Thinks like PLATS, deeds, etc. rarely get updated unless the land is sold or transferred.

The fact that the developer is listed for the common areas (the Association) tells me that the developer is likely still in control of the Association.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By TimB4 on 09/23/2017 6:18 PM
Posted By LoriF3 on 09/23/2017 6:05 PM

Is that odd that they have our subdivision listed but the address is for their place ?


I don't think it's that uncommon.

The developer was (is) in control of the Association.
Hence, the developers address is on the paperwork.
Thinks like PLATS, deeds, etc. rarely get updated unless the land is sold or transferred.

The fact that the developer is listed for the common areas (the Association) tells me that the developer is likely still in control of the Association.

Okay but oh wow ,I checked out the second section its also listed under the builders.I can find no info yet on how long builders can keep a hold of properties before letting the home owners be in control .
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By LoriF3 on 09/23/2017 6:24 PM
Posted By TimB4 on 09/23/2017 6:18 PM
Posted By LoriF3 on 09/23/2017 6:05 PM

Is that odd that they have our subdivision listed but the address is for their place ?


I don't think it's that uncommon.

The developer was (is) in control of the Association.
Hence, the developers address is on the paperwork.
Thinks like PLATS, deeds, etc. rarely get updated unless the land is sold or transferred.

The fact that the developer is listed for the common areas (the Association) tells me that the developer is likely still in control of the Association.


Okay but oh wow ,I checked out the second section its also listed under the builders.I can find no info yet on how long builders can keep a hold of properties before letting the home owners be in control .

Lori

Typically your Covenants will say when the developer has to turn control over to the owners. It is usually based on % of homes/units sold (could be 100% or less) or it might say on or before a specific date.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JohnC46 on 09/24/2017 7:25 AM
Posted By LoriF3 on 09/23/2017 6:24 PM
Posted By TimB4 on 09/23/2017 6:18 PM
Posted By LoriF3 on 09/23/2017 6:05 PM

Is that odd that they have our subdivision listed but the address is for their place ?


I don't think it's that uncommon.

The developer was (is) in control of the Association.
Hence, the developers address is on the paperwork.
Thinks like PLATS, deeds, etc. rarely get updated unless the land is sold or transferred.

The fact that the developer is listed for the common areas (the Association) tells me that the developer is likely still in control of the Association.


Okay but oh wow ,I checked out the second section its also listed under the builders.I can find no info yet on how long builders can keep a hold of properties before letting the home owners be in control .


Lori

Typically your Covenants will say when the developer has to turn control over to the owners. It is usually based on % of homes/units sold (could be 100% or less) or it might say on or before a specific date.

I think I finally found it It says when the total votes in class A membership equal
the total votes outstanding in class B membership or on 8/1/2003 so I would assume by that we have control now ?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Probably.

Unless the developer changed the documents.
LoriF3 (South Carolina)
Posts: 240
Posted:
I have no idea how I would find that out there are no more amended documents at the secretary of states web site
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LoriF3 on 09/22/2017 6:20 PM
Okay I have been pouring over my CC&R and the Bylaws ,I came across the following statement and talked to another about it but neither of us can figure it out ,nor does it make sense to us .

Article is written like this:

Directors need NOT be members of the Association. Some CCR's do allow Directors who are not members of the Association. This is especially true if you are still under Developer control. Potentially a Developer's board members who the developer can appoint will or may not own property within the HOA and can be appointed and need not be members of the association.

I have also reviewed the people listed as directors also checked with our State secretary and saw only 1 of the 3 resigned the other 2 turned in no such papers .
Also after looking at the addresses listed was for the builder ( the builder who developed the subdivision ) .

Now is the article normal ?
How come one resigned which was correct but not the other 2 are they still in charge ?How do we find out .

JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By LoriF3 on 09/24/2017 8:20 AM
Posted By JohnC46 on 09/24/2017 7:25 AM
Posted By LoriF3 on 09/23/2017 6:24 PM
Posted By TimB4 on 09/23/2017 6:18 PM
Posted By LoriF3 on 09/23/2017 6:05 PM

Is that odd that they have our subdivision listed but the address is for their place ?


I don't think it's that uncommon.

The developer was (is) in control of the Association.
Hence, the developers address is on the paperwork.
Thinks like PLATS, deeds, etc. rarely get updated unless the land is sold or transferred.

The fact that the developer is listed for the common areas (the Association) tells me that the developer is likely still in control of the Association.


Okay but oh wow ,I checked out the second section its also listed under the builders.I can find no info yet on how long builders can keep a hold of properties before letting the home owners be in control .


Lori

Typically your Covenants will say when the developer has to turn control over to the owners. It is usually based on % of homes/units sold (could be 100% or less) or it might say on or before a specific date.


I think I finally found it It says when the total votes in class A membership equal
the total votes outstanding in class B membership or on 8/1/2003 so I would assume by that we have control now ?


So if you are discussing 2003 and it is now 2017 and the developer DOES NOT own 25% or more of property in many STATES the developer is no longer in control based on their State Laws. If I remember from a previous post your developer has SOLD ALL lots in your subdivision. Which in many states would mean they DO NOT control. At or before that time the Developer is supposed to turn over control to the homeowners.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JanetB2 on 09/25/2017 10:54 PM
Posted By LoriF3 on 09/24/2017 8:20 AM
Posted By JohnC46 on 09/24/2017 7:25 AM
Posted By LoriF3 on 09/23/2017 6:24 PM
Posted By TimB4 on 09/23/2017 6:18 PM
Posted By LoriF3 on 09/23/2017 6:05 PM

Is that odd that they have our subdivision listed but the address is for their place ?


I don't think it's that uncommon.

The developer was (is) in control of the Association.
Hence, the developers address is on the paperwork.
Thinks like PLATS, deeds, etc. rarely get updated unless the land is sold or transferred.

The fact that the developer is listed for the common areas (the Association) tells me that the developer is likely still in control of the Association.


Okay but oh wow ,I checked out the second section its also listed under the builders.I can find no info yet on how long builders can keep a hold of properties before letting the home owners be in control .


Lori

Typically your Covenants will say when the developer has to turn control over to the owners. It is usually based on % of homes/units sold (could be 100% or less) or it might say on or before a specific date.


I think I finally found it It says when the total votes in class A membership equal
the total votes outstanding in class B membership or on 8/1/2003 so I would assume by that we have control now ?


So if you are discussing 2003 and it is now 2017 and the developer DOES NOT own 25% or more of property in many STATES the developer is no longer in control based on their State Laws. If I remember from a previous post your developer has SOLD ALL lots in your subdivision. Which in many states would mean they DO NOT control. At or before that time the Developer is supposed to turn over control to the homeowners.

I have found that according to the tax records I found for our county they own 1 lot still
JanetB2 (Colorado)
Posts: 4,219
Posted:
Then you need to look at your governing documents to see the period of Declarant Control. Your state law states:

(d) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the executive board.

(e) Not later than the termination of any period of declarant control, the lot owners shall elect an executive board of at least three members, at least a majority of whom shall be lot owners. The executive board shall elect the officers. The executive board members and officers shall take office upon election.
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By JanetB2 on 09/26/2017 8:28 PM
Then you need to look at your governing documents to see the period of Declarant Control. Your state law states:

(d) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the executive board.

(e) Not later than the termination of any period of declarant control, the lot owners shall elect an executive board of at least three members, at least a majority of whom shall be lot owners. The executive board shall elect the officers. The executive board members and officers shall take office upon election.

I have been looking at those papers along with someone else .I told the other person that technically when 2 members decided to drop out that there should have been 2 more people put in to finish their term .The person said no one volunteers ,I said well until you told me I had no idea they had dropped out .So if I did not know how would anyone else know ?
The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )
BancsS
Posts: 269
Posted:
Quote:
Posted By LoriF3 on 09/27/2017 5:01 AM
Posted By JanetB2 on 09/26/2017 8:28 PM
Then you need to look at your governing documents to see the period of Declarant Control. Your state law states:

(d) The declaration may provide for a period of declarant control of the association, during which period a declarant, or persons designated by the declarant, may appoint and remove the officers and members of the executive board.

(e) Not later than the termination of any period of declarant control, the lot owners shall elect an executive board of at least three members, at least a majority of whom shall be lot owners. The executive board shall elect the officers. The executive board members and officers shall take office upon election.


I have been looking at those papers along with someone else .I told the other person that technically when 2 members decided to drop out that there should have been 2 more people put in to finish their term .The person said no one volunteers ,I said well until you told me I had no idea they had dropped out .So if I did not know how would anyone else know ?
The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )

LoriF3,

My current HOA board is operating on a shortage of board members because there are not enough volunteers. I think this may be fairly common.

Also a master list will probably not tell you who is in good standing and which homes are rentals. I asked for a members list at one point and I was given a list of lot owners and their address. Your property manager may not even know which homes are rentals but hopefully they know which owners are up-to-date on assessments and which are not. You need a board to take control which I believe is your goal. You may have to go door to door and get another volunteer to serve on your board. I assume you are stepping up to do that. Your election procedures may have to get thrown out the window for now. The first thing is for some owners to step up and take control. It may take an attorney's help. Good luck. It sounds like a mess.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LoriF3 on 09/27/2017 5:01 AM

The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )

If your property records are online (like ours are), you may be able to obtain that list with just a few minutes in front of a computer.

Another way is to host a get together and meet your neighbors, explain your concerns and discuss options. Perhaps a pot luck or simple BYOB wine and cheese party.

BTW: I forget, did you volunteer to serve when you found out there were openings?
BancsS
Posts: 269
Posted:
Quote:
Posted By TimB4 on 09/27/2017 7:00 AM
Posted By LoriF3 on 09/27/2017 5:01 AM

The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )


If your property records are online (like ours are), you may be able to obtain that list with just a few minutes in front of a computer.

Another way is to host a get together and meet your neighbors, explain your concerns and discuss options. Perhaps a pot luck or simple BYOB wine and cheese party.

BTW: I forget, did you volunteer to serve when you found out there were openings?

Good ideas Tim. I didn't think of the on-line property info but mine are available that way as well.

Lori,

Are you willing to organize a gathering of owners? Do you have a persuasive personality? Do you have a place to post a notice in your neighborhood? Are you willing to spend some money on postage to send out a notice of a get together. I would avoid using the term "meeting" and do as Tim suggested. Perhaps a potluck or pie and ice cream social. Anything like that to get some owners together. It's a place to start anyway.

My HOA holds their annual meetings in a church social hall for a small fee. Perhaps you are a member of an organization that will allow the use of their space for such a gathering.
LoriF3 (South Carolina)
Posts: 240
Posted:
I have tried to make a master list based on the county records ,there is a discrepancy we have always been told there are 177 homes in here .My count was 168 so unsure if I need to try again or if he told us wrong .

LoriF3 (South Carolina)
Posts: 240
Posted:
I did mention I was interested to the one on the hoa .Only I am wanting to be in a certain position on the hoa .Only thing is I do not like the current MC and we have never had a real election .The last one they threw together last year in May I think ( because I believe it was the one I could not go to because I had just got out of the hospital) .
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By BancsS on 09/27/2017 7:22 AM
Posted By TimB4 on 09/27/2017 7:00 AM
Posted By LoriF3 on 09/27/2017 5:01 AM

The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )


If your property records are online (like ours are), you may be able to obtain that list with just a few minutes in front of a computer.

Another way is to host a get together and meet your neighbors, explain your concerns and discuss options. Perhaps a pot luck or simple BYOB wine and cheese party.

BTW: I forget, did you volunteer to serve when you found out there were openings?


Good ideas Tim. I didn't think of the on-line property info but mine are available that way as well.

Lori,

Are you willing to organize a gathering of owners? Do you have a persuasive personality? Do you have a place to post a notice in your neighborhood? Are you willing to spend some money on postage to send out a notice of a get together. I would avoid using the term "meeting" and do as Tim suggested. Perhaps a potluck or pie and ice cream social. Anything like that to get some owners together. It's a place to start anyway.

My HOA holds their annual meetings in a church social hall for a small fee. Perhaps you are a member of an organization that will allow the use of their space for such a gathering.

I don't want to get in trouble ,I have been trying to figure out how to possibly get on the hoa .
BancsS
Posts: 269
Posted:
Quote:
Posted By LoriF3 on 09/27/2017 7:44 AM
Posted By BancsS on 09/27/2017 7:22 AM
Posted By TimB4 on 09/27/2017 7:00 AM
Posted By LoriF3 on 09/27/2017 5:01 AM

The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )


If your property records are online (like ours are), you may be able to obtain that list with just a few minutes in front of a computer.

Another way is to host a get together and meet your neighbors, explain your concerns and discuss options. Perhaps a pot luck or simple BYOB wine and cheese party.

BTW: I forget, did you volunteer to serve when you found out there were openings?


Good ideas Tim. I didn't think of the on-line property info but mine are available that way as well.

Lori,

Are you willing to organize a gathering of owners? Do you have a persuasive personality? Do you have a place to post a notice in your neighborhood? Are you willing to spend some money on postage to send out a notice of a get together. I would avoid using the term "meeting" and do as Tim suggested. Perhaps a potluck or pie and ice cream social. Anything like that to get some owners together. It's a place to start anyway.

My HOA holds their annual meetings in a church social hall for a small fee. Perhaps you are a member of an organization that will allow the use of their space for such a gathering.


I don't want to get in trouble ,I have been trying to figure out how to possibly get on the hoa .

Can the one board member appoint you to the board? Who would you be in trouble with? The PM has too much control in my opinion . You and the owners are in charge, not the other way around.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LoriF3 on 09/27/2017 7:43 AM

Only I am wanting to be in a certain position on the hoa

You can't always choose what Officer position you get (that is a Board decision).

However, as a Director, you would have direct input to the decisions the Board makes and, should, have access to all association records (with, in my opinion, a few minor exceptions).

LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By BancsS on 09/27/2017 8:36 AM
Posted By LoriF3 on 09/27/2017 7:44 AM
Posted By BancsS on 09/27/2017 7:22 AM
Posted By TimB4 on 09/27/2017 7:00 AM
Posted By LoriF3 on 09/27/2017 5:01 AM

The person who is on the hoa cannot even get a master list to see who all resides in the area ,the reason one is wanted is because we would like to know how many owner occupied is in the subdivision for when there are meetings and to make sure they are in good standings to vote .(PM won't give us this information )


If your property records are online (like ours are), you may be able to obtain that list with just a few minutes in front of a computer.

Another way is to host a get together and meet your neighbors, explain your concerns and discuss options. Perhaps a pot luck or simple BYOB wine and cheese party.

BTW: I forget, did you volunteer to serve when you found out there were openings?


Good ideas Tim. I didn't think of the on-line property info but mine are available that way as well.

Lori,

Are you willing to organize a gathering of owners? Do you have a persuasive personality? Do you have a place to post a notice in your neighborhood? Are you willing to spend some money on postage to send out a notice of a get together. I would avoid using the term "meeting" and do as Tim suggested. Perhaps a potluck or pie and ice cream social. Anything like that to get some owners together. It's a place to start anyway.

My HOA holds their annual meetings in a church social hall for a small fee. Perhaps you are a member of an organization that will allow the use of their space for such a gathering.


I don't want to get in trouble ,I have been trying to figure out how to possibly get on the hoa .


Can the one board member appoint you to the board? Who would you be in trouble with? The PM has too much control in my opinion . You and the owners are in charge, not the other way around.

I do not know if they could or not ,Technically I know what the papers say but they have never followed the papers.I agree the PM has to much control and that is why we want to get a new one ,The problem is we do not know if we are in a contract ,that is why I sent the certified mail which they did not pick up .Have been told I must wait to get the certified mail returned then send a new letter to the registered agent .
Suppose to be a meeting of all owners this next month so I am unsure if I am going to have any answers before the meeting .PM has refused to answer a lot of questions when asked he babbles about legal things which may or may not be true ,also when asked other questions he blows up .
I wish I knew how to get rid of him our subdivision is divided as the builder built our side and gave us cc&r and bylaws and then built section 2 gave a different set of cc&r and bylaws .There are 2 hoa 's and 2 different pm's .The second section gave our pm who used to be theirs the boot 30 day notice .They thought we could do the same but well we have over worked ( not by us but by what the do for a job ) so they are not really available to easily speak with ,tried discussing with the VP bu ah simple question and they blow up at you .Only the secretary and they are trying hard to do most everything .I am trying to help with what I can .
I feel at a loss ,I am unsure what to do
LoriF3 (South Carolina)
Posts: 240
Posted:
Quote:
Posted By TimB4 on 09/27/2017 8:49 AM
Posted By LoriF3 on 09/27/2017 7:43 AM

Only I am wanting to be in a certain position on the hoa


You can't always choose what Officer position you get (that is a Board decision).

However, as a Director, you would have direct input to the decisions the Board makes and, should, have access to all association records (with, in my opinion, a few minor exceptions).


That is another thing we do not know if we have or don't have a board .We have a over bearing PM and we have a secretary ,the president is over worked by the job they do for a living the vp has missed 3 -4 meetings ( which is technically according to the papers they could be removed also .) 2 people dropped out no one was informed and the secretary says no one volunteers .I said we did not volunteer because we did not know they did this .

As to what the secretary of state web site it showed 3 men at the very start of the community .I know 1 resigned because papers were filled .No one knows about the other 2 if they resigned there is no paper trail .Its concerning because all of them are attached to the builder and developer .

If the 2 are still on the board that would be why the PM is how they are ,It might also means when he speaks of directors .( I use to think it meant at his company but after research shows there is only the owner and a secretary ) I doubt he meant that because it sounds plural to me .

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here