when does term begin

Started by SandyC • 2 replies • 1350 views

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SandyC (West Virginia)
Posts: 18

Posted:

The builder turned over the HOA to us the homeowners on September 16, 2006. Isn't that is whent he term for the Board members began?

Also, how are bylaws changed? Can homeowners get a petition signed to change something in the bylaws?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sandy,
Did you have a Board that was elected by the members? Normally, a developer will have given an association plenty of notice beforehand and has a Board in place before he does the turnover. I hope that you were that lucky to have that done.

No No, homeowners cannot just sign a petition to change any of their documents which are "Protective Covenants, Articles of Incorporation and ByLaws. These all must be changed by a vote of the entire membership. Somewhere in your "docs", there will be mention of what percent of the entire membership it takes to amend any of the above mentioned documents. Any change to these must follow the written procedure and IF the amendment passes the required number of votes, then it must be filed in the County where the developement is located.

Only your Rules and Regulations can be changed without a vote of the general membership but will be allowed to change by a vote of your Board of Directors.

SandyC (West Virginia)
Posts: 18

Posted:

When the builder turned over the HOA to homeowners (the builder was using a management company to handle the HOA) we the homeowners were notified of a meeting to be held where the HOA would then be turned over to the homeowners. On that date, all the homeowmers attended - all 12 houses and the management company asked us to vote on a Board consisting of a President, Secretary, and Treasuer. Some homeowners wanted to band the HOA right then, some unsure and some not. One guy volunteered verbally to be Treasurer and on guy for Secretary. Then I spoke up for the President position. Then the homeowners just listed our names on their ballots voting us in. Wonderful systems huh. Well now, the Treasure has resigned because he is moving - but can't get him to turn over his stuff to me, the Secretary seems to think our "TERM" began at the beginning of 2007 but I think it was the night it was turned over to us September 16, 2006. Plus he has now stated he is stepping down in January.

Plus - noone else is volunteering to be on the board. Since we are only 12 houses we don't have much to take care of really except for: a water drainage area that we have insured and must be mowed, snow plowing the road, and maintance of the road. The city/county will not take it over.

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