ByLaws

Started by PatriciaF • 5 replies • 1259 views

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PatriciaF (New Mexico)
Posts: 20

Posted:

After 3 years of being President of a quiet easy going community, I have hit a snag. Over the past 4 month,the chairman of the Architectual Committee has become very difficult to deal with...becoming angry at the least question, approving paint colors that do not fit the community, allowing homebuilders to use other then approved recepticles, ignoring info or status updates asked for by the board as not necessary, allowing a homeowner to start building without a grading plan and the list goes on. I chose this man 3 years ago because he said he would accept the job unless we enforced the rules to the letter. All has been find until recently...now he curses at the slightest prolem. I wanted to release him from the board gently, so the board asked him to give the board all plans for final approval. I had hoped he would "promote out". We are a small association 60 members and my thought was to save embarassment...for myself, I didn't have the courage to confront a friend and neighbor. I tried to talk to him but no change just anger. This man has become quite a power struggle.

The board just voted to formally relieve him of duty. He does not know yet. This morning his wife called to ask for copies of the Articles, bylaws and association rules. So....I do not want to antagonize the situation more...but am I obligated to reproduce these documents for a member? The article are the bylaws....and are part of our corporate recors...the association rules..I beleive are the covenants and the Architectual Guidelines which everyone has a copy...Would I be out of line by just asking this couple to come to my home and read the bylaws...I can't see making a copy for each home owner...or should I make sure each homeowner has this document..the annual meeting is coming up in November.

I know this is petty compared to some of the problems, but I don't want to hurt the community or this couple and I don't want this blown out of porportion in the community but I do want to move on with life. As a community, we have been fortunate ---no internal problems until this guy took a turn..

Thanks

PF

DonnaS (Tennessee)
Posts: 5,671

Posted:

Patricia,
Every homeowner, old and new should have copies of all of your association documents, including the ARC guidelines and Bylaws. No single person should have architectural approval power unless they are empowered by the documents to do so. Now you are having to deal with someone who it seems to me, has perhaps had an emotional or intellectual change. I state this many times in my posts. "All associations that have an ARC or in Florida we call them ARB's, should have clearly written guidelines to follow and at least a committee of 3 for decisions."

MichelleC4 (Oklahoma)
Posts: 7

Posted:

Patricia-We put ours on the website for everyone to see.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Websites are so great for the people who have and use computers but don't forget some of the seniors who do not use them. Depending on your State but in Florida, all owners are required to have hard(paper) copies of their associations documents which are then required to be transfered with the property when it is sold. This is a real estate law and all agents are aware of it.. That way a new owner cannot say that they did not know the covenants and rules.

Jadedone4 (Virginia)
Posts: 495

Posted:

PatriciaF, I am the President of a 500 unit community - our documents front to back are about $10 to photo-copy the all-night blue/green place with the sexy name...

Photocopy your personal set, give to spouse of ARC Chair, continue with action/vote to remove, and move on... Yes, feelings maybe hurt, but the HOA is a business that must be ran as such. If the guy has some personal issues and it affects the HOA's business responsibilities, it is not fair to the other "X" number of residents/owners in your community.

PatriciaF (New Mexico)
Posts: 20

Posted:

Thank you so much for your replies. Everyone has the covenants and the Arch Guidelines, I will get the Bylaws both copied and put on our Website. Our Arch Committee has three members. He just couldn't get along with them....suddenly he just he began to act as if he was a commitee of one...

Thank you all again and thank goodness for this website!!!

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