CharleenR (Maryland)
Posts: 1
Posts: 1
Posted:
Hello,
I live in a small community of 23 homes. The Developer appointed Declarant resigned from the HOA Board. We are in the process of transferring the Developer Control HOA to a Board. The Developer Board member has not provided all of the required documentation (roster, invoices, etc.). He states he doesn't have the information. We learned he amended the HOA covenant, which was approved in November to allow 100.00 per month for bookkeeping and 100.00 per month for HOA management. He paid himself $2400.00 for one year of bookkeeping and HOA fees before he resigned. Although he resigned from the HOA Board and the payment to himself is questionable, he is stating the Declarants rights shall continue as long as the Declarant owns any portion of the community. Does he have the right to continue as a member of the ARC? Here's a timeline:
Developer appointed Declarant:
11/30/2020 - Amended HOA
- 100.00 per month bookkeeping fees
- 100.00 per month HOA management
12/31/2020 Declarant pays himself $2400.00 for Bookkeeping and HOA Management
02/4/2020 - Declarant resigns
02/06/2020 - Homeowners begin transfer process, request all legally required documentation
03/01/2020 - Declarant turns over insurance information and banking information, no other information is provided. Including invoices for funds paid to vendors.
03/11/2020 Declarant has advised he is entitled to continue as ARC Reviewer
Question: Since Declarant hasn't honored HOA Covenant - Never had HOA meeting nor been presented budget. He amended HOA without any notice to homeowners and given his HOA Board resignation, does the Declarant have the right to continue as ARC Reviewer?
Thank you!
I live in a small community of 23 homes. The Developer appointed Declarant resigned from the HOA Board. We are in the process of transferring the Developer Control HOA to a Board. The Developer Board member has not provided all of the required documentation (roster, invoices, etc.). He states he doesn't have the information. We learned he amended the HOA covenant, which was approved in November to allow 100.00 per month for bookkeeping and 100.00 per month for HOA management. He paid himself $2400.00 for one year of bookkeeping and HOA fees before he resigned. Although he resigned from the HOA Board and the payment to himself is questionable, he is stating the Declarants rights shall continue as long as the Declarant owns any portion of the community. Does he have the right to continue as a member of the ARC? Here's a timeline:
Developer appointed Declarant:
11/30/2020 - Amended HOA
- 100.00 per month bookkeeping fees
- 100.00 per month HOA management
12/31/2020 Declarant pays himself $2400.00 for Bookkeeping and HOA Management
02/4/2020 - Declarant resigns
02/06/2020 - Homeowners begin transfer process, request all legally required documentation
03/01/2020 - Declarant turns over insurance information and banking information, no other information is provided. Including invoices for funds paid to vendors.
03/11/2020 Declarant has advised he is entitled to continue as ARC Reviewer
Question: Since Declarant hasn't honored HOA Covenant - Never had HOA meeting nor been presented budget. He amended HOA without any notice to homeowners and given his HOA Board resignation, does the Declarant have the right to continue as ARC Reviewer?
Thank you!