HOA failed to answer and respond

Our HOA board has failed in so many serious areas; mismanagement of property as it relates to the bi-laws and we suspect wrong doing, no elections held every year, failure to indicate how many eligible voters or a list of voters after requests; officers refuse to get off the board, no hoa meetings, budgets do not reflect actuals against budget, no annual audits provided as required, fee increases without 30 day notice to owners and what the increase will be used for, owner allowed to fence off common areas, failure to provide a full copy of the insurance policy when requested, and on and on. Homeowner's attorney sent a demand letter that has been ignored for months, and there is some allegation of hoa attorney issues that do not seem to be right. We are in the process of filing a court claim to compel/subpoena the board to provide the information that we are entitled to receive, some during the annual meeting that we never get and other information that we are entitled to. Has anyone been successful with filing in court.
AM3

First off, you do NOT start changing your HOA from a third party. You start by participation and majority votes. Don't like your board? Vote them out by majority vote. Follow the rules your so dead set on having everyone else follow.

Also have answers to your questions not just statements. Meaning what is the end result you want to see that will make it satisfactory? Otherwise your stuck in a loop of your own drama making.

Plus your post is all over the place. You all need to be FOCUSED on what you want. Not all over the place.

BTW: Most of us here came from "dysfunctional" HOA's. Mine was very much one. We did not go to court but to the meetings. I got myself elected as a board member/Vice-President. Spent a year learning and got elected as President. It took 2 years to straighten out the place. Another year to sustain those changes. No court but hard work. Court to me is an easy way out. Working from within is the way for things to begin.

Thank you we are looking for total financial accountability from the board especially since they keep raising the fees without notice to owners (as outlined in the bi-laws), we want to see the annual required financial audits, a budget that outlines actuals against the numbers which should be thoroughly discussed at the annual meeting and it is not. Also, the president agreed at the annual meeting that she would step down from the position since she has served 4 terms and then declined to do so. We do have voting issues because we do not know how many can vote and who they are and there is confusion on how they are now making the determination on who can vote. We have a complete mess and after conferring with attorneys and attorneys sending them letters the board has just refused to respond to any requests once citing that they are too busy! So we have no choice but to bring them to court and subpoena the documents so they can be reviewed for compliance and who knows we may be forced to some kind of external mediation to settle all of this.
AM3

I agree, it is well beyond changing from within. But Melissa does have a very good point, do you really think people will step up and volunteer after your current board has created such a mess? So always think about this if you want to vote them out. 67% as most states is very difficult to get and people get scared when they have to sign that recall petition, signers know Board members could use the list of signatures as a way to see who is siding with them and who is not and possibly even suspend their voting rights. People may say they will volunteer but once they understand the amount of responsibility it is and liability of actions, people back out. In the end, the same people can get reelected if no nominations are coming from the floor. You must try to change them and change it for future boards that volunteer.

If you do see people "really" willing to volunteer then given what you state, on the information you have provided the only way I see is court action but I would take a big pause. I'm surprised the homeowners attorney did not send a followup letter of demand for records within in 30 days of the original. It must be hand delivered or certified mailer to the HOA attorney and the HOA president. By waiting so many months you must now probably start over with the demand letter unless it was certified or has a paper trail with signatures stating delivery.

I would advise keeping a copy of all communication. I mean everything, even a scan of the envelopes. Even if it's hearsay, the records demand will confirm or deny hearsay. I would also advise from going to court too early. The case must be built and it starts with the demand letter, it takes months. The complaint in court must be thorough with multiple counts of breach of duty, even if you don't have all the facts, it should still be in the complaint and once the records are given, it will be amended and grow by a considerable amount. Many have had success but it usually gets settled before litigation. Even a simple records demand case will have a court paper trail of 400-600 pages. Courts are jammed packed with HOA matters. And remember even if you win, you'll only recover attorney's fee's and the HOA doesn't even have to pay you back, judgements are not liens.

Also, get in touch with Ombudsman and start making complaints while court proceedings play out, the failure of notices, bad elections, and anything that falls within the jurisdiction of the Ombudsman you can file it. Ombudsman will not interpret your ByLaws or covenants but lack of proper governing procedures they will respond, just put everything you can, Ombudsman will pick out what falls within their power. Hit them from all sides, potential buyers must be notified of lawsuits, that will reduce home values right away. Keep the pressure on the board members. Remember they are still in control, you must take that control from them by changing them and holding them accountable.

Also, try not to post too many details on this forum as you never know when the people you are suing will be looking here. What you describe is very common.

Who are you referring to here, AM?: "...there is confusion on how they are now making the determination on who can vote..." who is "they" in your quote?

I am a bit confused. Unless your rules say that people in bad standing can not vote, then any/all members can vote. What is the criteria for poor standing? 1 missed payment? Is liens/foreclosure status? Fine or violation? That's information that is already in your hands if you read your documents.

Let's say there is no "bad standing" rule that loses your vote. Now what? Why does the board have to provide this information to you? Seems it's pretty PUBLIC information. Just walk around the HOA and write down the home address. Those addresses you can send mail to about what you all want. Be it vote out the board, do a survey, asking for volunteers, or making awareness of their role in the HOA. The address may help in determining who the owner is by going to the Tax Assessor's office. They should have who owns that property within last 6 months.

Feel some things your asking for is already available by other resources. It doesn't go over very well asking others to do the work. Like giving information of who is a member.

Our HOA we did NOT disclose the Collections report to anyone but the board. That is personal to me. I can see giving out information like "Out of 50 homes 3 homes are behind in dues" or "We collect 90% of our dues a month". However, each individual account not so much. Do you want people to know your status? As long as my HOA is taking action on those who don't pay, then what do I care who owes what?

So step back and breath a bit. Look at the big picture and stop taking bites. What is it that you want in the end and what will it take to get there? Why does it have to be court if all they can do is make you "whole"?