HOA change without notice

Started by JoyceA2 • 2 replies • 744 views

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JoyceA2 (Tennessee)
Posts: 16

Posted:

I Live in TN and when I moved here in 2013 it was "called" and HOA. Now the head trustee has removed the name HOA and is now called a park without notice to home owners. I know this is a violation and have many questions. We continue to pay fees and was sent a letter saying if we did not vote to raise the fee "they" would do away with the garbage and bathhouse. We have campers who have come in and quit paying fees a long time ago.
At the last meeting we received a financial report but was very vague and we have NEVER voted on a budget. The head trustee makes threats to people if they go against him and acts like he is the "Godfather here with gun and all.
Need direction as to how to proceed, Oh yes he is using HOA money to sue a man who he thinks has slandered him, here in the community.

SheliaH (Indiana)
Posts: 6,964

Posted:

How did this man become head trustee? If he was elected, he can be unelected (aka recalled). Check your documents to see how this can be done - it may be a matter of calling a special homeowners meeting demanding this man explain himself. If he refuses to do anything, you will need to rally your neighbors together and perhaps chip in for an attorney to take legal action against him. Ditto for the rest of "them", that is the other trustees. Why are they allowing this man to get away with what he's doing? If they have no backbone or are going along with this for whatever reason the homeowners will need to get rid of them too.

You will need to have people ready to take over if you succeed in getting these people out - starting with you. Then you can take account of what's happened with the money and take steps to turn things around. It won't happen overnight and the homeowners may have to spend more money for the clean up, so get ready.

By the way, just because he removed the name HOA doesn't mean it no longer exists - you have to take legal action to have it formally dissolved, and that can get complicated depending on how the community was set up, if it owns any common property, etc. If people really want to get rid of the HOA, they will have to do it right and consult the HOA attorney (yep, more money to be spent...)

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

JoyceA2 (Tennessee)
Posts: 16

Posted:

Quote:

Posted By SheliaH on 05/17/2018 8:36 PM
How did this man become head trustee? If he was elected, he can be unelected (aka recalled). Check your documents to see how this can be done - it may be a matter of calling a special homeowners meeting demanding this man explain himself. If he refuses to do anything, you will need to rally your neighbors together and perhaps chip in for an attorney to take legal action against him. Ditto for the rest of "them", that is the other trustees. Why are they allowing this man to get away with what he's doing? If they have no backbone or are going along with this for whatever reason the homeowners will need to get rid of them too.

You will need to have people ready to take over if you succeed in getting these people out - starting with you. Then you can take account of what's happened with the money and take steps to turn things around. It won't happen overnight and the homeowners may have to spend more money for the clean up, so get ready.

By the way, just because he removed the name HOA doesn't mean it no longer exists - you have to take legal action to have it formally dissolved, and that can get complicated depending on how the community was set up, if it owns any common property, etc. If people really want to get rid of the HOA, they will have to do it right and consult the HOA attorney (yep, more money to be spent...)

He was appointed, there is one trustee who has Alzheimer and is a trustee but just sits there because the head trustee wants her. They are all in "his pockets". We recently elected a trustee who is on the home owners side. We are all gathering information VERY discreetly. He knows everything that is going on even conversations done in private. Will try to stay safe and do what we can. It can get dangerous with this head trustee. Thank you.

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