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MichaelT21 (Arkansas)
Posts: 200
Posted:
We're having a bit of debate amongst ourselves as to our purpose. At the next meeting, I plan to share what the CC&Rs define our purpose to be, and ask that all Board members align themselves behind this purpose or depart the Board. (Some of the debate is about whether or not we enforce rules; whether or not we maintain our community space; etc which is rather pointless because in my opinion that is the basic definition of what an HOA does).

The front matter of our CC&Rs provides a definition but I find it hard to read and share at a meeting. It says this:

Declarant intends by this Declaration to:
(a) impose upon the Properties mutually beneficial restrictions under a general plan of improvement for the benefit of all owners of such property;
(b) provide a flexible and reasonable procedure for the overall development of the Properties;
(c) establish a method for the administration, maintenance, preservation, use and enjoyment of the Properties; and
(d) create easements, covenants, conditions and restrictions to protect the value and desirability of the real property subject to this Declaration.

Can some smart folks here help me translate this into why we have to establish and enforce rules; approve/deny ACC applications; and maintain our community owned property?
JeffT2 (Iowa)
Posts: 880
Posted:
Why don't you ask Chat GPT?
JamesB37 (California)
Posts: 351
Posted:
I have an account

"The purpose of our HOA is to establish a unified set of rules and regulations to ensure that all owners of the Properties are able to enjoy the benefits of living in a safe, well-maintained, and pleasant community. This includes establishing a procedure for the overall development of the Properties, setting a method for the administration, maintenance, and preservation of the Properties, and creating easements, covenants, conditions, and restrictions to protect the value and desirability of the real estate subject to this Declaration."
MichaelT21 (Arkansas)
Posts: 200
Posted:
that is quite excellent. thank you.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MichaelT21 on 03/17/2023 9:16 AM
I plan to share what the CC&Rs define our purpose to be, and ask that all Board members align themselves behind this purpose or depart the Board.
Instead of the above, I suggest that at board meetings you veto discussion of topics that have nothing to do with the HOA's purpose. If people object, ask them to cite what section of the CCRs speaks to the topic they wish to discuss. Do this a few times, and you might just have them trained.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
You Don't have authority to ask other board members to resign because their interpretation of docs is different than yours.

That's like Republicans asking democrats to resign because their interpretation of the constitution is different than theirs.

Omg.

vis ta vie
MichaelT21 (Arkansas)
Posts: 200
Posted:
Quote:
Posted By WendyM5 on 03/17/2023 5:04 PM
You Don't have authority to ask other board members to resign because their interpretation of docs is different than yours.

That's like Republicans asking democrats to resign because their interpretation of the constitution is different than theirs.

Omg.

I disagree.

We have one Board member who believes we should stop sending compliance letters becuase he doesn't agree with that. I think he should resign because sending compliance letters is indeed a good part of the reason why we exist.

We also have an Officer who believes we should stop maintaining parks. Our CC&Rs clearly state that keeping parks in good repair is part of our function and our requirement, thus, I think this person should resign if he does not want to support keeping our parks in good repair.

We can argue about what "good repair" means but there are clear violations of "good repair" and I don't see it purposeful for us to argue about the reason why we exist.

We are definitely not Congress.
WendyM5 (North Carolina)
Posts: 1,522
Posted:
In North carina Courts have ruled hoas do not have to enforce ccrs.
We are reducing the amount of park lawn mowing by over 50%. No one cares or at least no one has complained.

Yep you aren't congress

Local governments affect people's lives much more than those federal lawmakers

Frankly if I was on your board I'd tell you that you can resign if you don't like it.

Some people think a piece of paper gives them the ability to control others. Get over it

vis ta vie
KerryL1 (California)
Posts: 14,550
Posted:
Say, MichaelT, your Articles of Incorporation might say something useful. I think ours do, though I won't look them up right now.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Quote:
Posted By MichaelT21 on 03/17/2023 5:18 PM
Posted By WendyM5 on 03/17/2023 5:04 PM
You Don't have authority to ask other board members to resign because their interpretation of docs is different than yours.

That's like Republicans asking democrats to resign because their interpretation of the constitution is different than theirs.

Omg.


I disagree.

We have one Board member who believes we should stop sending compliance letters becuase he doesn't agree with that. I think he should resign because sending compliance letters is indeed a good part of the reason why we exist.

Typically, the board has the option to enforce (just as any member has the option to enforce) covenants.
If the Board chooses to enforce, they must do so on all members.

I concur with you on maintaining common areas.

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