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ChloeL (Oregon)
Posts: 46
Posted:
I have just found out that at the turnover meeting earlier this year, the Board of Directors were not elected, they volunteered. I am in Oregon and can't seem to find if this would make them legit or not. I didn't attend the turnover meeting as it conflicted with my work schedule so I am relying on the word of a neighbor. I do know that minutes from the turnover meeting were never made available and no ballots etc were mailed. I am also unable to determine who has the 1 year, 2 year, or 3 year seat. I am assuming that the three volunteers for the Board are now the Chairman, Secretary and Treasurer, however, its not clear in the state statutes if three chairpersons are elected and in turn choose the secretary and treasurer or if the secretary and treasurer are part of the three chair persons .... does this make any sense?
PaulM (Pennsylvania)
Posts: 1,347
Posted:
ChloeL:

First and foremost, since you did not attend the turnover meeting, do not assume anything. Normally, all Board members/Committee members are volunteer, even when going through an election process.

Review the official HOA documents (Bylaws) you received at settlement of your unit to learn the process for developer turnover and elected board members and terms of office. You really need to contact one of the Board member volunteers to learn if this meeting was indeed an actual "developer turnover", or something else. Neighbors are not always reliable in transmitting information, and its best to go right to the "horses' mouth" before you jump to any wrong conclusions.

Once you review the documents and compare them to exactly what has transpired, then you have something to work with.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Chloel,
This sounds like a job for SUPERPRESIDENT. Call him or write him, ask what the factual situation is up to this point. Whatever was done was done and it appears from your remote location there is not much you can do except find out the "Facts mamn". Really, I would talk to President and voice your concerns. If the Board has not planned to, suggest they send out a letter to all members explaining the process that took place. Keep this document and if a problem exists and you feel they are not being responsive. this is where you start to take action and force the Board to respond completely. You pay your dues, you have a legal right to receive information from the board. The Board has the obligation to attempt to inform the membership. If not, your CC&R's have to be examined and understood, but, you are entitled to information. If they flat refuse, get a lawyer to make them.
ChloeL (Oregon)
Posts: 46
Posted:
Thank you. I wasn't sure of my rights of information. I have retained an Attorney for the other issue so this may fall in line also.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Chloel,
First do everything you can on your own, unless money is not a problem. I would make you questions as simple as you can to the Lawyer. Don't pay for information you can find out otherwise, like asking the President by letter and request a response. He don't respond, send a certified letter. He don't respond, ask him face to face with a wittness present, ask at Board Meeting, write whole board. Keep files. They may not say what you want to hear but they would be foolish not to respond and respond with information in a timely informative manner.
ChloeL (Oregon)
Posts: 46
Posted:
hahahaha I asked so I guess I deserve the answer they gave me about the turnover meeting minutes... they said that since the board was formed at the meeting no one took notes and there are no meeting minutes! I have another question in on who was elected by vote for the 1, 2, and 3 year position and who exactly did they appoint and for what. hmmmmm..... my curiosity never stops.....
RogerB (Colorado)
Posts: 5,067
Posted:
Chloe, their answer is a disgrace! Someone should have been appointed by the chair to take minutes. Since they didn't they have a choice to "create minutes" from memory or repeat the meeting. Without minutes no official action is documented, e.g., no meeting occured.
ChloeL (Oregon)
Posts: 46
Posted:
I never thought about that. No turnover meeting, no Board of Directors, no enforcement of fines from PM. What a mess. I was an owner that didn't want to get involved until the harassment wouldn't stop. I am one of those homeowners that nobody sees, I work from home and only leave when I have to take my son to and from school, store, etc.... I guess I am involved now hahaha, my real estate agent said she could see me running the place, I said nooooooo way. She was right, I am out of the closet now, time for some changes.
ChloeL (Oregon)
Posts: 46
Posted:
What would you do at this point? Leave it be or challenge the mistake and try for a new turnover meeting? I am in over my head on this. I don't recall seeing anything in Oregon State Statutes that says what to do.....
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By ChloeL on 08/15/2007 9:55 PM
What would you do at this point? Leave it be or challenge the mistake and try for a new turnover meeting? I am in over my head on this. I don't recall seeing anything in Oregon State Statutes that says what to do.....

Chloe:

As Roger said if there are no minutes there is no meeting and technically there is no board. Depending on who hired your PM or if they renewed the contract this year they may not even officially work for your association. Depending on how all that fell into place that bogus fine letter they sent you may not even apply. IF they were hired by the developer with a renewing contract that would be different. You would need to follow your bylaws on what to do in that situation without a board, most likely it would require a special meeting called by the community to elect members. Since you are wrapped up in the other affair that may be a question to ask your lawyer because I can guarantee you if you take this to the current board they will tell you go fly a kite, it is quite obvious they don't know much.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By ChloeL on 08/15/2007 9:55 PM
What would you do at this point? Leave it be or challenge the mistake and try for a new turnover meeting? ..

I would request those present create minutes from memory to the best of their ability and have the Board approve the minutes; then provide you a copy. If they won't perhaps your pro bono attorney would be willing to advise them to correct their error (:

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