MarkR21 (North Carolina)
Posts: 710
Posts: 710
Posted:
Anyone have a sample know your HOA rights flyer they mail with their annual meeting packet?
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Know your HOA rights. Mailed to owners
Started by MarkR21 • 21 replies • 360 views
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MichaelT21 (Arkansas)
Posts: 501
Posts: 501
Posted:
No. The homeowners can figure out their HOA rights on their own. They do not need the Board to spend volunteer hours telling them what their rights are.
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
I wouldn't let it out that people might have a few rights living in an HOA.
MarkR21 (North Carolina)
Posts: 710
Posts: 710
Posted:
Quote:
Posted By MichaelT21 on 06/30/2022 6:21 PM
No. The homeowners can figure out their HOA rights on their own. They do not need the Board to spend volunteer hours telling them what their rights are.
No. The homeowners can figure out their HOA rights on their own. They do not need the Board to spend volunteer hours telling them what their rights are.
Sure they can just like HOA board members can piss away $17,000 in legal fees and loose court battles against homeowners. I for one think some education would help prevent these common news stories from constantly repeating. Besides the members don’t like the increased dues to cover the boards incompetence
MarkR21 (North Carolina)
Posts: 710
Posts: 710
Posted:
Quote:
Posted By MaxB4 on 06/30/2022 6:22 PM
I wouldn't let it out that people might have a few rights living in an HOA.
I wouldn't let it out that people might have a few rights living in an HOA.
Lol exactly! Miranda rights what are those? Lol
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
As a homework assignment, each board member here should list all the rights a owner has in one column and all the rights or restrictions in another. See how that balances out.
MarkR21 (North Carolina)
Posts: 710
Posts: 710
Posted:
Quote:
Posted By MaxB4 on 06/30/2022 6:55 PM
As a homework assignment, each board member here should list all the rights a owner has in one column and all the rights or restrictions in another. See how that balances out.
As a homework assignment, each board member here should list all the rights a owner has in one column and all the rights or restrictions in another. See how that balances out.
Wait!!! This forum has homework assignments?!?! I’m out of here! Lol
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Is Mark21, SC really Thad, FL. Or was Thad kicked off?
A favorite right is to vote out a rogue majority on a Board as BillD's Owners in TX just did and as our HOA has done as well.
In CA, one of my fave rights of Owners is being to attend all board meetings that are not executive sessions and to contribute at an open forum at some point at the meeting.
A favorite right is to vote out a rogue majority on a Board as BillD's Owners in TX just did and as our HOA has done as well.
In CA, one of my fave rights of Owners is being to attend all board meetings that are not executive sessions and to contribute at an open forum at some point at the meeting.
MaxB4
Posts: 3,513
Posts: 3,513
Posted:
Quote:
Posted By KerryL1 on 06/30/2022 7:40 PM
A favorite right is to vote out a rogue majority on a Board as BillD's Owners in TX just did and as our HOA has done as well.
A favorite right is to vote out a rogue majority on a Board as BillD's Owners in TX just did and as our HOA has done as well.
You keep mentioning this rogue board you had voted out, but didn't the management company, GM and the attorney have to be complicit also? This happened where I lived and we immediately fired the MC and attorney at a open meeting.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
Try really, really hard to stick to the topic, Max.
MarkR21 (North Carolina)
Posts: 710
Posts: 710
Posted:
Quote:
Posted By KerryL1 on 06/30/2022 7:40 PM
Is Mark21, SC really Thad, FL. Or was Thad kicked off?
A favorite right is to vote out a rogue majority on a Board as BillD's Owners in TX just did and as our HOA has done as well.
In CA, one of my fave rights of Owners is being to attend all board meetings that are not executive sessions and to contribute at an open forum at some point at the meeting.
Is Mark21, SC really Thad, FL. Or was Thad kicked off?
A favorite right is to vote out a rogue majority on a Board as BillD's Owners in TX just did and as our HOA has done as well.
In CA, one of my fave rights of Owners is being to attend all board meetings that are not executive sessions and to contribute at an open forum at some point at the meeting.
Is false accusations also a right? Lol? Someone’s triggered?
SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Read your documents - the Bylaws should have language regarding rights and responsibilities of homeowners. You might also want to include the powers of the board so people will know how to keep them in check.
Remember,rouge boards get that way when HOMEOWNERS don't pay attention to what they're doing. And if you vote them out or recall the bad guys and gals, they'll be replaced with - more homeowners.
Remember,rouge boards get that way when HOMEOWNERS don't pay attention to what they're doing. And if you vote them out or recall the bad guys and gals, they'll be replaced with - more homeowners.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
NormanK2 (Florida)
Posts: 39
Posts: 39
Posted:
My wife and i moved into a small 55 plus park Terrace Park Estates here in Wesley Chapel fl. The worse move we could have ever made,the HOA is made up of mostly Snowbirds that are here 4 to 5 Mos. out of the yr. We had an Election to try and replace the President, we have a small amount of people that go to meetings because of the people on the board and its hard to get things done. But we had the election all the votes were taken into a room behind close doors and no one but the President was allowed back there, well you guessed it She won by a landslide,, were not fools she had twice the votes of the people that even come to the meetings.
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
Quote:
Posted By MarkR21 on 06/30/2022 6:43 PM
Posted By MaxB4 on 06/30/2022 6:22 PM
I wouldn't let it out that people might have a few rights living in an HOA.
I wouldn't let it out that people might have a few rights living in an HOA.
Lol exactly! Miranda rights what are those? Lol
Are you planning to be arrested? After you figure out the difference between civil and criminal law, you may also want to pay attention to what the Supreme Court is up to.
I'll deal with a power-hungry HOA board any day, they're rank amateurs (and probably not armed).
MichaelT21 (Arkansas)
Posts: 501
Posts: 501
Posted:
Our homeowners have many rights that we do not tell them about. Examples:
- We don't tell our homeowners that they have the right to remedies through the court system if they disagree with us
- We didn't (during COVID) tell homeowners that we no stopped charging late fees & interest
- We don't tell every homeowner how they can revise the CC&Rs or remove Board members (we would if requested)
I think these are the main rights that the homeowners have. I suppose we could work this into a newsletter, but we don't.
- We don't tell our homeowners that they have the right to remedies through the court system if they disagree with us
- We didn't (during COVID) tell homeowners that we no stopped charging late fees & interest
- We don't tell every homeowner how they can revise the CC&Rs or remove Board members (we would if requested)
I think these are the main rights that the homeowners have. I suppose we could work this into a newsletter, but we don't.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
MarkR21
It is our experience that developing interpretative lists from the language found in Association Bylaws and Declarations can result in communicating (mis)information to owners.
I am not referring to very objective information which is stated in black and white on a page, such as the number of days notice which must be given prior to a meeting. I am talking about subjective information which requires a degree of interpretation and which may be tempered by language found elsewhere in the documents, in property codes, and in state laws and codes.
For that reason, I recommend you be very careful when communicating/listing the rights of owners. I too subscribe to the theory the owner has the responsibility to determine what their rights may be, but I also firmly believe the Association must communicate certain rights to the owners, especially those which have been identified in the documents or by other authority that the right(s) must be communicated.
One such right would be that a hearing with the owner must be held before a fine may be imposed, another, here in Texas, is that an owner in a Property Code Section 209 HOA (but not a condominium) must be offered a payment plan immediately when an account is past due.
Perhaps you should consider limiting a list of rights to those which are black letter law and not subject to interpretation.
It is our experience that developing interpretative lists from the language found in Association Bylaws and Declarations can result in communicating (mis)information to owners.
I am not referring to very objective information which is stated in black and white on a page, such as the number of days notice which must be given prior to a meeting. I am talking about subjective information which requires a degree of interpretation and which may be tempered by language found elsewhere in the documents, in property codes, and in state laws and codes.
For that reason, I recommend you be very careful when communicating/listing the rights of owners. I too subscribe to the theory the owner has the responsibility to determine what their rights may be, but I also firmly believe the Association must communicate certain rights to the owners, especially those which have been identified in the documents or by other authority that the right(s) must be communicated.
One such right would be that a hearing with the owner must be held before a fine may be imposed, another, here in Texas, is that an owner in a Property Code Section 209 HOA (but not a condominium) must be offered a payment plan immediately when an account is past due.
Perhaps you should consider limiting a list of rights to those which are black letter law and not subject to interpretation.
JohnT38 (South Carolina)
Posts: 1,631
Posts: 1,631
Posted:
Quote:
Posted By MarkR21 on 06/30/2022 6:43 PM
Posted By MaxB4 on 06/30/2022 6:22 PM
I wouldn't let it out that people might have a few rights living in an HOA.
I wouldn't let it out that people might have a few rights living in an HOA.
Lol exactly! Miranda rights what are those? Lol
You have the right to remain silent. Anything you say can and will be used against you in the court of HOA. If you cannot afford an attorney the HOA will be very pleased and will walk all over you and do what they want...
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By BillH10 on 07/01/2022 7:35 AM
MarkR21
It is our experience that developing interpretative lists from the language found in Association Bylaws and Declarations can result in communicating (mis)information to owners.
I am not referring to very objective information which is stated in black and white on a page, such as the number of days notice which must be given prior to a meeting. I am talking about subjective information which requires a degree of interpretation and which may be tempered by language found elsewhere in the documents, in property codes, and in state laws and codes.
For that reason, I recommend you be very careful when communicating/listing the rights of owners. I too subscribe to the theory the owner has the responsibility to determine what their rights may be, but I also firmly believe the Association must communicate certain rights to the owners, especially those which have been identified in the documents or by other authority that the right(s) must be communicated.
One such right would be that a hearing with the owner must be held before a fine may be imposed, another, here in Texas, is that an owner in a Property Code Section 209 HOA (but not a condominium) must be offered a payment plan immediately when an account is past due.
Perhaps you should consider limiting a list of rights to those which are black letter law and not subject to interpretation.
MarkR21
It is our experience that developing interpretative lists from the language found in Association Bylaws and Declarations can result in communicating (mis)information to owners.
I am not referring to very objective information which is stated in black and white on a page, such as the number of days notice which must be given prior to a meeting. I am talking about subjective information which requires a degree of interpretation and which may be tempered by language found elsewhere in the documents, in property codes, and in state laws and codes.
For that reason, I recommend you be very careful when communicating/listing the rights of owners. I too subscribe to the theory the owner has the responsibility to determine what their rights may be, but I also firmly believe the Association must communicate certain rights to the owners, especially those which have been identified in the documents or by other authority that the right(s) must be communicated.
One such right would be that a hearing with the owner must be held before a fine may be imposed, another, here in Texas, is that an owner in a Property Code Section 209 HOA (but not a condominium) must be offered a payment plan immediately when an account is past due.
Perhaps you should consider limiting a list of rights to those which are black letter law and not subject to interpretation.
I agree.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
If I recall, back sometime there was a posting about a legal issue based on conflict between a BOD created "Owners Handbook" distributed to new owners and the Covenants or Bylaws. I forget the details.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
If I recall, back sometime there was a posting about a legal issue based on conflict between a BOD created "Owners Handbook" distributed to new owners and the Covenants or Bylaws. I forget the details.
BillH10 (Texas)
Posts: 1,217
Posts: 1,217
Posted:
John
That is the precise reason the CIC attorney we use has advised against developing documents which attempt to explain language found in the Bylaws and Declaration.
That is the precise reason the CIC attorney we use has advised against developing documents which attempt to explain language found in the Bylaws and Declaration.
AdamL1 (UnitedStates)
Posts: 559
Posts: 559
Posted:
Quote:
Posted By MichaelT21 on 06/30/2022 6:21 PM
No. The homeowners can figure out their HOA rights on their own. They do not need the Board to spend volunteer hours telling them what their rights are.
No. The homeowners can figure out their HOA rights on their own. They do not need the Board to spend volunteer hours telling them what their rights are.
aren't you just a peach.
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