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TN1 (California)
Posts: 45
Posted:
The HOA rules and Regs. State
The Board of Directors shall not enter into any contract with a Third person wherein the third person will furnish goods or services for the Common Area, The Association Maint. area or Association in Excess of 1 year without the vote or written consent of the members representing at least a majority of the voting power of the Association, except for a contract with a public utility company.

My question is since when homes were purchased the developer had entered into
Mode of Delivery Aggreement with USPS for Curbside mail delivery to individual home owners curbside mail boxes that are on T-posts in of anywhere from 2 to 6 boxes on the posts every few houses. Can the Board of Directors authorize a change to USPS CBU Cluster Boxes ( which would be in excess of 1 year. I.e indef. without the vote or written consent of A Majorityof the Voting Power of the Association. (. I.e. association. Meaning Mmbers of Associatin, ( homeowners ) that retain voting rights ?

TimB4 (Tennessee)
Posts: 21,059
Posted:
Duplicate posting.

Please post replies on the following thread:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/248183/view/topic/Default.aspx
MyraR (Oklahoma)
Posts: 2
Posted:
ByLaw "In no event shall any campsite be occupied for more than six (6) consecutive months in any twelve (12) month period.

I own a lot in a 600+ private rv park in Oklahoma. When I purchased lot copy of deed submitted to POA office and was given copy of Covenants and Bylaws. Recently the Board of Directors added a new "excessive Use" penalty which doubles our annual assessment from $600 to $1200 per year, for lot owners who occupy their lot for more than 180 accumulated days in fiscal year. This penalty is for one lot owners, exempting those who own more than one lot saying we have purchased 180 days per lot. Our President and Park Manager are full time residents but own more than one lot. In 2001 there was a declaratory judgement issued "The court finds that in no event shall any camp site within XXXXX, regardless of ownership, be occupied for more than 182 days in any 12 consecutive month period." This judgement has not amended our covenants/bylaws and I was not aware of any such judgement until the board referred to it when applying penalty. Since covenants/bylaws not amended can this ruling be used to enforce new penalty and if/when amended would I be able to use grandfather clause?
MyraR (Oklahoma)
Posts: 2
Posted:
ByLaw "In no event shall any campsite be occupied for more than six (6) consecutive months in any twelve (12) month period.

I own a lot in a 600+ private rv park in Oklahoma. When I purchased lot copy of deed submitted to POA office and was given copy of Covenants and Bylaws. Recently the Board of Directors added a new "excessive Use" penalty which doubles our annual assessment from $600 to $1200 per year, for lot owners who occupy their lot for more than 180 accumulated days in fiscal year. This penalty is for one lot owners, exempting those who own more than one lot saying we have purchased 180 days per lot. Our President and Park Manager are full time residents but own more than one lot. In 2001 there was a declaratory judgement issued "The court finds that in no event shall any camp site within XXXXX, regardless of ownership, be occupied for more than 182 days in any 12 consecutive month period." This judgement has not amended our covenants/bylaws and I was not aware of any such judgement until the board referred to it when applying penalty. Since covenants/bylaws not amended can this ruling be used to enforce new penalty and if/when amended would I be able to use grandfather clause?
RichardP13 (California)
Posts: 3,868
Posted:
Quote:
Posted By TN1 on 06/18/2018 12:04 AM
The HOA rules and Regs. State
The Board of Directors shall not enter into any contract with a Third person wherein the third person will furnish goods or services for the Common Area, The Association Maint. area or Association in Excess of 1 year without the vote or written consent of the members representing at least a majority of the voting power of the Association, except for a contract with a public utility company.

My question is since when homes were purchased the developer had entered into
Mode of Delivery Aggreement with USPS for Curbside mail delivery to individual home owners curbside mail boxes that are on T-posts in of anywhere from 2 to 6 boxes on the posts every few houses. Can the Board of Directors authorize a change to USPS CBU Cluster Boxes ( which would be in excess of 1 year. I.e indef. without the vote or written consent of A Majorityof the Voting Power of the Association. (. I.e. association. Meaning Mmbers of Associatin, ( homeowners ) that retain voting rights ?


IF you are still under developer control the answer is yes. They have controlling authority over the association until such time as control is turned over to the owners.

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