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ElaineT (Vermont)
Posts: 21
Posted:
The board has been violating by-laws and state laws along with possible misuse of funds. A recent email from the president indicated that the board made a decision. I asked the president when was the board meeting, why were the members not notified, etc. He sent me an email back stating that I am inconsiderate, petty and vindictive and he blocked my email address. Can he block my email address. Because we ae a second homeowner condo residence, no one cares about these violations.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By ElaineT on 04/28/2020 6:00 PM
The board has been violating by-laws and state laws along with possible misuse of funds. A recent email from the president indicated that the board made a decision. I asked the president when was the board meeting, why were the members not notified, etc. He sent me an email back stating that I am inconsiderate, petty and vindictive and he blocked my email address. Can he block my email address. Because we ae a second homeowner condo residence, no one cares about these violations.

Maybe Bernie can help you
AugustinD
Posts: 5,144
Posted:
ElaineT,

-- Do your Bylaws require that board meetings be open to HOA members?

-- Does your condominium association have a procedure for filing complaints that a covenant or bylaw is being violated? If so, use it.

-- Start getting acquainted with the Vermont Condo Act and any nonprofit corporation statute that Vermont has. See https://legislature.vermont.gov/statutes/fullchapter/27/015 and https://legislature.vermont.gov/statutes/title/11B . At the moment, I do not see anything that is helpful.
ElaineT (Vermont)
Posts: 21
Posted:
I have been quoting the by-laws and state laws. their reply is "nobody cares so we can do anything we want" and that is what has been happening. I have contacted a lawyer to see what can be done. They don't want to listen to these violations and there is no oversight organization in Vermont to handle this abuse of power. Only solution is a $30,000. court case that I cannot afford.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Sounds too simple ... must be more to the story.
AugustinD
Posts: 5,144
Posted:
ElaineT, I am sorry you cannot answer the questions I asked. Good luck.
ElaineT (Vermont)
Posts: 21
Posted:
I have been quoting the by-laws and state laws. their reply is "nobody cares so we can do anything we want" and that is what has been happening. I have contacted a lawyer to see what can be done. They don't want to listen to these violations and there is no oversight organization in Vermont to handle this abuse of power. Only solution is a $30,000. court case that I cannot afford.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Dupe post?
ElaineT (Vermont)
Posts: 21
Posted:
The board meetings are open to members as required by state law. They have violated this for 9 years.

also, there is no formal complaint procedure in the by-laws so I just email them regarding these violations
ElaineT (Vermont)
Posts: 21
Posted:
This is not a hoax. This is often common with second homeowner residences. Their comment is always "what are you going to do about it".

I have been on boards and president of a United Way Board so I understand the dynamics. I am always flabbergasted at the annual meetings (which no one physically attends) and the emails.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By ElaineT on 04/28/2020 6:43 PM
The board meetings are open to members as required by state law.
I do not see a requirement in the Vermont Condominium Act for board meetings to be open to members. Can you show me where you see this in the Condominium Act at https://legislature.vermont.gov/statutes/fullchapter/27/015?

Please be aware that Vermont's Open Meeting Act does not apply to condominiums.
MarkW18
Posts: 1,290
Posted:
Board Meetings in Vermont are open to members except when held in executive session.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By ElaineT on 04/28/2020 6:49 PM
This is not a hoax. This is often common with second homeowner residences. Their comment is always "what are you going to do about it".

You hit the nail on the head!
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By AugustinD on 04/28/2020 6:51 PM
Posted By ElaineT on 04/28/2020 6:43 PM
The board meetings are open to members as required by state law.
I do not see a requirement in the Vermont Condominium Act for board meetings to be open to members. Can you show me where you see this in the Condominium Act at https://legislature.vermont.gov/statutes/fullchapter/27/015?
Oops; still checking on this. I cannot quite parse whether condos are covered under Vermont's Common Interest Community Act. If the latter applies to condos, then yes, board meetings must be open (except for executive sessions). More later.
ElaineT (Vermont)
Posts: 21
Posted:
Vermont condos are governed by Title 27 and Title 11 (Corporations, Partnerships and Associations).

Title 11 (1595) stipulates written notice of meeting, etc. That included board meetings.
ElaineT (Vermont)
Posts: 21
Posted:
I appreciate any insight you can give me. This is not a hoax. I have a PH.d in statistics so my data and and analysis of a situation is very objective. It is very frustrating to see this happening and not be able to do something about it without going to court.
AugustinD
Posts: 5,144
Posted:
I am still checking on this.

27A V.S.A. § 4-117 states that "arbitration" may be sought. It also speaks of going, effectively, straight to court. The American Rule for attorney's fees appears to apply. See https://legislature.vermont.gov/statutes/section/27A/004/00117

If you are certain that 27A V.S.A. § 3-108 (b) (1) (https://legislature.vermont.gov/statutes/section/27A/003/00108) applies to your condo, and you want to pursue this as inexpensively as possible, consider starting with a letter of demand as follows:

Dear Board of Directors,

Vermont statute 27A V.S.A. § 3-108(b) requires that board meetings be open to members; that notice ten days in advance be given; that members be allowed to comment; that materials given to the board before the meeting must also be given to members; and more. For many years now, none of this has happened.

By May 15, please inform me of when the Board will begin complying with 27A V.S.A. § 3-108(b).

Sincerely,

_____
address
phone
email

Send the letter registered mail, return receipt requested to the registered agent for the condo (usually this is the property manager).

Document all communications with the board from here on out.

Wait until May 22. Then report back here with the response or the non-response.

The President does not have to respond to you. You have to communicate with the corporation's registered agent.
ElaineT (Vermont)
Posts: 21
Posted:
Thank you. I just didn’t know what to do next. Also spoke with my lawyer about this. He is requesting all written records for the past 2 years. The only meetings we, as homeowners, knew about was the annual meeting They never notified us of any other meetings.
We decided not to do anything until Vermont and it’s court system reopened. Will keep you posted. Thanks for your help
Would enjoy other comments on how to go about this

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