How to file a petetion

Started by JoyceA2 • 5 replies • 866 views

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JoyceA2 (Tennessee)
Posts: 16

Posted:

I live in a so called HOA where the Trustees have broken all the covenant. The Head Trustee is abusive to members and has threatens them with retaliation if anyone goes against him, stating NO One will ever get me out. There has been vandalism and homes burned and gun threats. The county police are of no help. This place is over run with drugs, squatters and unleashed dogs. A young disable man was Malled last week by a pit bull.
Several of us are trying to figure out how to start a petition to oust ALL the Trustees at the March Meeting. We are been very quite about this until the meeting' Is there a template of how the petition should read and should it be notarized?
Our home values have dropped since I moved in 4 years ago. Help. Also is the attorney the HOA uses, can we not go to him since our funds are paying for him?

KerryL1 (California)
Posts: 14,550

Posted:

Is the March meeting a board of trustees meeting or a meeting of the members (homeowners)? If it's a members meeting, do you know what the purpose is?

TN may have its own laws about petitions to recall trustees. Your own HOA documents might say how to do it. You & Others should read your "bylaws."

You probably cannot get advice from the HOA attorney. But several of you could chip in to seek advice from a different HOA attorney about the correct way to recall the Board of Trustees. If the petition and election to recall them isn't done exactly right, it probably won't be valid.

Your abusive prez might be counting on all of you just giving in to him

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Joyce

Basically a petition means squat. Typically there is a procedure in your Bylaws to recall a BOD Member and or the entire BOD. A recall can be done but is often not successful as they are to easily legally fight.

Usually the best way to remove them is beat them at election time. Meaning elect others. It will take work but it can be done.

JoyceA2 (Tennessee)
Posts: 16

Posted:

Yes it is a meeting of members and election. We have more than a quorum to ready to get rid of all of them. The covenant says we need a quorum at a meeting and also we as members can call a meeting whether the Trustees agree or not. Since they have not governed by the covenant or bylaws have they not already breached the covenant and bylaws???

FredS7 (Arizona)
Posts: 927

Posted:

Quote:

Posted By JoyceA2 on 02/08/2018 6:57 PM
Yes it is a meeting of members and election. We have more than a quorum to ready to get rid of all of them. The covenant says we need a quorum at a meeting and also we as members can call a meeting whether the Trustees agree or not. Since they have not governed by the covenant or bylaws have they not already breached the covenant and bylaws???

What you have to realize- just because they have not followed the rules it doesn't mean the sheriff is going to come and set them straight. The enforcement starts with the owners. And owners have to expect that the board might resist losing control- and might do this not following the rules.

If things have gotten bad owners should (1) follow precisely the procedures for a recall (2) record or make careful notes of what happens. And be prepared to hire a lawyer and take legal action if necessary.

KerryL1 (California)
Posts: 14,550

Posted:

For this election, Joyce, Who's running? Just the current trustees? What size is your Board and how many slots are amiable for the election?

As others have note, y'all basically need your own candidates to vote for. Is it too late to put them on the ballot?

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