BOD Executive Session

Started by DebraS10 • 5 replies • 217 views

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DebraS10 (Kansas)
Posts: 3

Posted:

We have an upcoming HOA members meeting and the BOD has scheduled an executive session after this meeting. One of our HOA members owned 2 lots and sold one of them to a prospective home builder about 18 mths ago. They went to the ACC that was serving at the time and asked for approval to change the boundary lines. The ACC approved this and the change was filed with the county. The approval to change the boundary line was not shared with the members since it was a matter between the homeowner and the ACC and no other members were affected by the boundary line change.

Our entire HOA board and most of the ACC chose not to run for office this year because of the toxic actions of a few members. They have now asked the owner's to appear at an executive board meeting to explain why the entire membership were not notified of the boundary change that was made by the previous ACC members and that they are in violation of the covenants. Can they do this? The past chairman explained that the boundary line did not affect any other members and we have never shared such matters with the other members in the past since it doesn't affect them.

Ugggg......this makes me so sad- we used to have a wonderful neighborhood and our annual meetings used to be 20 minutes long with drinks and snacks and now it has become this.

ElleN (Idaho)
Posts: 4,420

Posted:

When you say "changed the boundary lines," what exactly do you mean? Was the boundary between the two owner-owned lots changed, so that one lot became smaller in size and the other, larger?

Or do you mean that the boundaries were changed such that the new lots encroach on what is legally HOA-owned common area?

Please quote verbatim the covenant that people think was violated.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Does the covenants specify that the lots can not be subdivided?

DebraS10 (Kansas)
Posts: 3

Posted:

The covenant states under the ACC that no re plat of any lot may be undertaken without the prior written approval of the Declarant and a majority of owners with the association other than the Declarant. It seems to me that the homeowners should not be on the hook for the covenant violation. The ACC voted within their group and approved the re plat, but didn't follow the convents allowing all members to vote on the change. The developer of the subdivision was also a homeowner and changed the plat on his property and didn't follow the procedure outlined and no one cared.

DebraS10 (Kansas)
Posts: 3

Posted:

The boundary line between the lots was changed to make the lot being sold big enough to build on.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I think asking the previous board, or the ACC chair, to a meeting to say why they didn't follow the covenants is a fair question.

The bigger question is what is the board looking for:
To sling mud?
To try and change the decision (which of course can cost the Association if the two parties of the sale sue for costs, as they acted in good faith)?

I suspect that the answer is going to be simple: "We were unaware of that provision in the governing documents"

The fix of course is for the two parties involved in the sale to start collecting signatures authorizing the change.

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