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SueW6 (Michigan)
Posts: 814
Posted:
Just moved and just paid $60 to join an HOA association that is listed by the State of Michigan LARA since 1950.

I cant see the Articles of Inc or bylaws since it’s too old and the state does not put those documents on line. One guy and his wife run the show. Treasurer changes every year.

I requested financial reports for all attendees of the annual meeting next week, and was told that “that’s not normally done or required.”

No board meetings are held. The VP got into a fight with the Board Pres and quit.

Any suggestions on hoe to educate these entrenched people ? We have a 4 acre park on a lake and mooring spots in a lagoon. There is liabily ins for one million but no board insurance. This is a Voluntary membership association.
MarkM19 (Texas)
Posts: 1,459
Posted:
Sue,
I hate to say this but anyone on this site that has 488 posts should know what to look for when moving into an existing HOA. You have to have read and seen all of the signs over your years. Even if you love everything about this property a poorly managed HOA is a bad investment IMO.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Sue

You have the right to association financial records. Typically an association will present a financial summary/overview at its Annual Meeting.

You have no rights to any financial information concerning/between a fellow owner and the association.
AugustinD
Posts: 5,144
Posted:
Sue, I would keep in mind that,in 1950, mandatory HOAs may not yet have existed as a legal entity anywhere in the United States. The HOA legal entity did not really pick up steam until the 1960s. On the other hand, covenants established at this time may be enforceable neighbor to neighbor or possibly by the voluntary HOA's Board. Since it's a voluntary HOA, are you sure Articles of Inc and bylaws even exist? For Michigan, I am seeing it is possible they do not. Here's an article for Michigan about voluntary HOAs that might give you some clues on how to proceed: https://micondolaw.com/2016/05/26/michigan-court-of-appeals-rules-that-unincorporated-hoa-may-govern-under-declaration/ . The first thing I would do is get a copy of the Declaration and see what it says.
SueW6 (Michigan)
Posts: 814
Posted:
Thanks for the responses.

They are trying to pass themselves off as a loosey-goosey association and plead ignorant of membership rights within a non profit corporation.
SamE2 (New Jersey)
Posts: 310
Posted:
How much is your yearly dues? If I just moved into a place and did my due diligence before moving I'd wait 6 months or a year before rocking the boat. Obviously you must like the place to move there and it must at least appear to be kept nicely. If the annual cost is low why worry about it if what they are doing works?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

I cant see the Articles of Inc or bylaws since it’s too old and the state does not put those documents on line.

Sorry, yes you can see them. It simply isn't convenient.
If the items are filed with the State, write them and ask how you can obtain a copy.
Otherwise, ask the Association for a copy.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

One guy and his wife run the show. Treasurer changes every year.

Talked about a lot on this forum.
If others do not want to run, then those who are willing to run will be the ones who serve.

How many are on the board? Two people in a five person board run the show because the other board members allow it.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

I requested financial reports for all attendees of the annual meeting next week, and was told that “that’s not normally done or required.”

I don't know the requirements for Michigan.
Although my Association provides copies at the annual meeting, there is no requirement for this.
Technically, it's a courtesy and it does cost money for the copies.

You likely have a right to see the financials, but not obtain a free copy.

My suggestion: Explain that you understand this can be a financial burden to an Association with low fees. Then offer to pay for the copies (your expense) so everyone can see them.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

No board meetings are held.

Unless you are on the board, the only fact you could state is that no open board meetings are held.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

The VP got into a fight with the Board Pres and quit.

Happens.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

Any suggestions on hoe to educate these entrenched people ?

Without serving on the board in a non-combative way, you probably aren't going to really educate those who already believe they know how things should be done and have been doing it that way. Keep in mind, you are wanting to make changes. Most people don't like change.

If you serve on the board, you need to go slowly in the education process.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

There is liabily ins for one million but no board insurance.

I expect you mean that there is no D&O insurance.
Applicable laws and your governing documents probably specify that that volunteers are indemnified by the Association. Without D&O, the Association is simply self insured. Might be what they can afford.

Quote:
Posted By SueW6 on 05/17/2019 9:18 AM

This is a Voluntary membership association.

Being voluntary, to me, means not everyone pays assessments. Only those who choose to be members of the Association. The whole issue may simply be limited finances.

Again, tread lightly. A big fight within the Association can cause others to exercise their option and not join making a larger financial issue.
SueW6 (Michigan)
Posts: 814
Posted:
Just an update ... the Annual Meeting was held and went pretty well, considering that the Treasurer had to go home to get the financial report and the secretary didn’t have a copy of the bylaws to refer to when members pushed for a social committee. (I happened to have a copy where it states the president appoints a social committee of 5) Volunteers stepped up and 3 more want to get involved! We are also going to explore new fencing and signage for our beach.

Copies of the treasurer’s report were handed out to anyone wanting one.

Small steps ... but significant.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Good!

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