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LaskaS (Texas)
Posts: 1,025
Posted:
Hello,

For the past 5 years that I have been on the board or involved in the community the board followed the document sent to all members of the association with the attorney's explanation of the results of the recall vote in 2017 and how that affected the staggered seat requirement.

That document was sent to every owner of the association.

Every year since then, when elections role around, inevitably, the question comes up, How many seats are up for election this year. The answer for the past 5 years has been consistent with what the notice to the owners stated in 2017.

This year, the first contested election since 2018.

There are 5 pieces of contemporaneous evidence that state that in the year 2022 , 5 board seats are up for election.

This year, When i asked for confirmation in early January. I was ignored. When I submitted the question to the board at a regular meeting. In mid January, suddenly the number of seats up for election is only 4. This is critical. all actions of the association are made by majority vote of the board.

After I the answer of "4" was given at the board meeting. I went back and found all the documents and official records of the association which all pointed to 2022 having 5 seats.

The board agreed to contact the association attorney to get clarification.

Today, i received a copy. The attorney stated that a defensible position could be made that the board chose to revert back to 2013 or 2014 staggered order.

The attorney was very clear to not say that the number of seats is 4, she just says that a defensible position could be made. she also says if it were to go to court, and the board loses. She doesn't know of any damages that would be assessed.

This is so ridiculous. The board is literally choosing to ignore the past 5 years precedence which followed the attorney's explanation and offical notice to the owners , the attorney informs them that a defensible arguement could be made to support them choosing to revert back to 2013 and 2014 order.??

I don't know what the legal term is , but a party can't just change how they interpret the bylaws to suit their desired outcome. Anyway, I pretty much lose here. The board is going to do anything possible to avoid having 5 seats up for election. I do not think it's a good use of resources for me to get an injunction. But this just confirms how absolutely corrupt this board is. and how association attorney's enable bad boards.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Honestly are you going to run to be on the board? If not, then what does it matter? Vote for the person or person(s) you want in that seat. Kind of tired of hearing how you want your HOA to run for you. Just let the dang HOA run!!! Phew had to get that off my chest ya'll...

Former HOA President
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LaskaS on 02/25/2022 4:46 PM
a party can't just change how they interpret the bylaws to suit their desired outcome.
LaskaS, I think you gotta start qualifying thoughts like the above with:

A rogue-ish board can just change how it interprets the bylaws to suit their desired outcome. Doing so may very well violate the law. Then the question is: What owner, if any owner, has the time and money to file a lawsuit to see if he/she could prevail? What is the risk of a judge ordering the owner to pay the HOA/COA's attorney fees if the owner loses?

LaskaS (Texas)
Posts: 1,025
Posted:
augustine

Yes, I agree.

So the election is in 3 weeks. there will be 4 seats up for election. myself and 3 other owners are running for those seats. time to get more proxies. We have a lot already.
LaskaS (Texas)
Posts: 1,025
Posted:
Mellissa,

I realize that your purpose on this board is to be negative nellie. However, with all due respect. I have repeatedly indicated that Yes I am running for the board. We'll see what happens in 3 weeks.
WaltH1 (North Carolina)
Posts: 104
Posted:
Laska,

The short, realistic, uncomfortable answer just came from Augustin.

I wanted to cut and paste your reference to "documents" referring to the changes for 2022, but the site wouldn't let me get back to your post. Remember your governing documents run from Articles of Incorporation, Declarations, all the way down to rules and policies and there is a rank or order to them all. Where do your documents fall in that order? By-Laws? Does your BOD have the authority to make those changes without members approval? And now we're back to Augustin's answer.

Not having seen your post, I just posted a very similar election we had last year. Augustin's answer sadly applies here.

Fellow homeowners often ask me "How can they do that stuff? My answer is because they can. And they can get away with it time and time again, because, in North Carolina, and I'm sure other states, lawsuits are the only solution, fraught with hazards, and few people want to risk it. Some others, just don't care.

Walt
LaskaS (Texas)
Posts: 1,025
Posted:
walt,

where can I find the info about the election you posted about?

rogue boards can get away with a lot. I'ts really a flawed system in my opinion. The management companies and lawyers that do business with hoa's and coa's are part of the problem. They have vested interest to keep things the way they are. Little to no accountability with an expensive lawsuit. Elections are supposed to be the opportunity owners have to change the board, but as I've discovered, Even the election process is not sacred.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By LaskaS on 02/26/2022 11:49 PM
rogue boards can get away with a lot. I'ts really a flawed system in my opinion. The management companies and lawyers that do business with hoa's and coa's are part of the problem. They have vested interest to keep things the way they are. Little to no accountability with an expensive lawsuit.
I know of a Maryland attorney who told a Maryland condominium board* that it could bill an individual owner for the cost of the COA attorney's review of a fair housing complaint the owner had submitted to HUD. The COA manager (wisely) asked for the statute or covenant that justified such a assessment. The COA attorney stated the following Maryland statute section justifies such an assessment:

ยง 11-110. COMMON EXPENSES AND PROFITS;
ASSESSMENTS; LIENS.
...
(c) Liability for assessments. โ€” A unit owner shall be liable for all assessments, or installments thereof, coming due while he is the owner of a unit.


Anyone thinking: "Huh?"

Yes ma'am, and yessir. I kid you not.

Now one heckuva lot of the owner's resources, the COA's resources, HUD resources and so on will be wasted. One stupid Board. One stupid attorney. With signs that they are simply out to "get" someone.

HUD's punishment is not severe enough to deter even these egregious instances of board abuses, abetted by the occasional henchman that the Board calls the HOA's/COA's attorney.

*State name changed to 'protect the innocent.' The actual state has wording in its condo statute similar to Maryland's statute.

LaskaS (Texas)
Posts: 1,025
Posted:
To follow Augustine's post..

What do you call the person who graduates last in class law school and has the lowest passing score on the bar exam.

.. a lawyer.

i.e. there are lots and lots of bad lawyers.

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