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I did finally get to some documents requested, thanks to this forum! And what surprises were found!!!

Started by JamesJ167 replies • 572 views

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JamesJ16
Posts: 40
Posted:
Thanks to everyone that helped with my document request, especially AugustinD!

Now, it is proven there is no voting taking place at any Board meetings! Just I make a motion and a second! No vote, not at any meeting...

And if you saw the below topic, there was no Annual Meeting, due to as I suspected no quorum? (yes that was me, have no idea why I was given another user name, my computer auto logs me in, apparently, somehow I have two accounts)

Now here is the big question, I was denied the Architectural Control Committee documents, which I was specifically after to see if they are following the CCR's, especially in regards to the complaint with my neighbor, I was told those documents cannot be released?

I think this statement will prove to be more along the lines of we do not have any...

It appears at the beginning of the year there was 122,000 plus another approx. 70,000 collected this year, maybe 80,000.00 spent at most, and only 24,000 left in the bank?! These are very rough approximate figures.

I asked for the last independent third party audit and was told never, we do not have to as it is not in the by-laws. Oh, this is so much fun, what should I do now, It seems our HOA is run by my brother Daryl, and my other brother Daryl.

GenoS (Florida)
Posts: 4,276
Posted:
A lot of the answers you seek will depend on where you are and whether your association is a Condo or an HOA. In Florida, for instance, an election can happen in a condo association regardless of whether or not there was a quorum of membership present for the scheduled Annual Meeting. The requirement for a valid election is that 20% of the units cast ballots, regardless of quorum requirements. Other states do things differently.
JamesJ16
Posts: 40
Posted:
O.K. HOA
TimB4 (Tennessee)
Posts: 21,059
Posted:
You should be able to see the minutes of the Architectural committee (if they were kept, I know ours aren't always kept - people are human).

Typically, you are not allowed to see any lot specific info.

Example: you should see the minutes where an application was approved for Lot xyz to build a fence but not see the actual application for the fence.

AugustinD
Posts: 5,144
Posted:
Quote:
Posted By JamesJ16 on 12/19/2020 11:08 PM

Now here is the big question, I was denied the Architectural Control Committee documents, which I was specifically after to see if they are following the CCR's, especially in regards to the complaint with my neighbor, I was told those documents cannot be released?
-- I agree with TimB4 about seeking the Minutes of the ACC meetings. I would also ask for all emails where this ACC application was discussed. The ACC probably should neither be doing business nor voting by email but it happens.

-- Regarding the neighbor's ACC application: In my opinion, if it exists, then it is most certainly a part of the Association's records. Per https://law.justia.com/codes/oklahoma/2019/title-18/section-18-1065/ (nonprofit corporation statute, records section), I believe JamesJ16 has the lawful right to view this application. I can think of nothing proprietary in this application. I can think of no privacy consideration that could possibly trump JamesJ16's right to know that his neighbor is doing something that violates the covenants, from erecting fences and decks that violate the covenants to installing a nuclear waste storage facility to more.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Typically, it's the property laws that limit the individual lot info.

Usually it applies to assessment payments for a specific lot but some have said (due to the statute not being clear) that it applies to all lot specific records (assessment payment, violation enforcement, architectural change requests).

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JamesJ16 on 12/19/2020 11:08 PM
Thanks to everyone that helped with my document request, especially AugustinD!

Now, it is proven there is no voting taking place at any Board meetings! Just I make a motion and a second! No vote, not at any meeting...

And if you saw the below topic, there was no Annual Meeting, due to as I suspected no quorum? (yes that was me, have no idea why I was given another user name, my computer auto logs me in, apparently, somehow I have two accounts)

Now here is the big question, I was denied the Architectural Control Committee documents, which I was specifically after to see if they are following the CCR's, especially in regards to the complaint with my neighbor, I was told those documents cannot be released?

I think this statement will prove to be more along the lines of we do not have any...

It appears at the beginning of the year there was 122,000 plus another approx. 70,000 collected this year, maybe 80,000.00 spent at most, and only 24,000 left in the bank?! These are very rough approximate figures.

I asked for the last independent third party audit and was told never, we do not have to as it is not in the by-laws. Oh, this is so much fun, what should I do now, It seems our HOA is run by my brother Daryl, and my other brother Daryl.


Would the $122K have been including Reserves? Additionally if your association allows auto payments it is not uncommon to show large income at the first of a year as some pay the year in advance.

I am questioning your ability to properly read financial reports. Try these questions on for size. Is your association operated on a Cash Basis or an Accrual Basis? What are the differences?

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