NC HOA Special Meetings

ElleN, I can’t thank you enough for the time you put in to your analysis of our situation. If Board members had half of your knowledge of many association CC&R’s we would all be so much better off. In my 7 years battling our Board & the short time I’ve been on the Board; it’s profoundly shocking the lack of knowledge they have.
In analyzing current and past Boards, I’ve come up with 2 general conclusions. 1. Uninformed Boards tend to pass down incorrect beliefs from one Board to another as correct & lawful when they are not. 2. When we have been successful in bringing on fresh, new, Board members with current HOA experience, they tend to bring with them the things that worked for them in their previous Boards. And again, paying no attention to our CC&R’s. What the previous Board left us was an assumption that what worked for a 200+ unit community would work for an 88-unit community and saddled us with a management contract that has put us in the worst fiscal shape we have been in in you years.
Our current Board has dangerous characteristics exactly like past Boards: A president that thinks he was elected Commander-in-Chief and fellow Board members that are perfectly fine with going along with whatever he says. Go along to get along. To me, and many of our homeowners this is a dangerous, unhealthy Board.
Regarding the petition, there may be some misunderstandings or disagreements between us, but it seems to me that we’re in agreeance with most issues.
Nothing in the petition suggests anyone but owners can recall a Board member.
In North Carolina, Board members can fire Board members that were appointed and Officers. Homeowners can remove board members.
7511c provided for a Board that refuses to Schedule a requested Special Meeting.
Sadly, most HOA’s in America suffer similar plights, being the least represented and most unprotected. For the most part, for all of us to settle an offense is to sue.
ElleN, I’m aware of most of your points or disagree with some, and yes, if magic is out there, I’d love to know about it.
Of our 88 units, 25 owners are already on Board with the desire for change. The Petition has greater than the 10% of owners needed to call for a Special Meeting, and the 25 owners, on paper, are only 5 members short of a quorum. So, we’re well on our way to having the votes for change. 2 years ago, our group sent me to the Annual Meeting with 14 proxies, enough to install what we thought at the time was a solid Board.
Activities are generalities I use for glaring misdeeds. Removeable is my expression for offenses serious enough to remove Board members. Factually, in North Carolina Board officers can be demoted by Board Members, Board members can be recalled by homeowners, in both instances, without cause.
The Petition asks the Board to approve virtual, remote meetings, as required by law. Nothing in the petition suggests a requirement.
Nothing in the petition suggests owners overriding Board decisions. That’s the purpose of the petition to remove them.
There’s only one phrase that’s not specific. The rest of them are. No topics that are not on the agenda have been asked to be discussed.
I don’t make allegations that do not have documentation to back them up. Slander only works if the allegations are untruthful.
One of our misunderstandings is the premise that homeowners are trying to force the Board to do anything and that’s just not the case. That’s the purpose of the recall, to remove the Board members that are not responding and acting on the needs of the homeowners, thus ignoring their fiduciary duties.
Regarding your last statements, I refer you to the above, and ultimately, we may have to hire a lawyer. We don’t have the luxury of waiting for an annual meeting. We’ll be flat broke by then.
Again, ElleN, thank you for your exhaustive critique of the petition. It forced me to do a thorough review of where we are so far, and as you alluded to Special Meeting are very different from Annual meeting with some exacting, precise things that have to be done. It will be interesting to see if you weigh in on my next question regarding management contracts.

ElleN, I can’t thank you enough for the time you put in to your analysis of our situation. If Board members had half of your knowledge of many association CC&R’s we would all be so much better off. In my 7 years battling our Board & the short time I’ve been on the Board; it’s profoundly shocking the lack of knowledge they have.
In analyzing current and past Boards, I’ve come up with 2 general conclusions. 1. Uninformed Boards tend to pass down incorrect beliefs from one Board to another as correct & lawful when they are not. 2. When we have been successful in bringing on fresh, new, Board members with current HOA experience, they tend to bring with them the things that worked for them in their previous Boards. And again, paying no attention to our CC&R’s. What the previous Board left us was an assumption that what worked for a 200+ unit community would work for an 88-unit community and saddled us with a management contract that has put us in the worst fiscal shape we have been in in you years.
Our current Board has dangerous characteristics exactly like past Boards: A president that thinks he was elected Commander-in-Chief and fellow Board members that are perfectly fine with going along with whatever he says. Go along to get along. To me, and many of our homeowners this is a dangerous, unhealthy Board.
Regarding the petition, there may be some misunderstandings or disagreements between us, but it seems to me that we’re in agreeance with most issues.
Nothing in the petition suggests anyone but owners can recall a Board member.
In North Carolina, Board members can fire Board members that were appointed and Officers. Homeowners can remove board members.
7511c provided for a Board that refuses to Schedule a requested Special Meeting.
Sadly, most HOA’s in America suffer similar plights, being the least represented and most unprotected. For the most part, for all of us to settle an offense is to sue.
ElleN, I’m aware of most of your points or disagree with some, and yes, if magic is out there, I’d love to know about it.
Of our 88 units, 25 owners are already on Board with the desire for change. The Petition has greater than the 10% of owners needed to call for a Special Meeting, and the 25 owners, on paper, are only 5 members short of a quorum. So, we’re well on our way to having the votes for change. 2 years ago, our group sent me to the Annual Meeting with 14 proxies, enough to install what we thought at the time was a solid Board.
Activities are generalities I use for glaring misdeeds. Removeable is my expression for offenses serious enough to remove Board members. Factually, in North Carolina Board officers can be demoted by Board Members, Board members can be recalled by homeowners, in both instances, without cause.
The Petition asks the Board to approve virtual, remote meetings, as required by law. Nothing in the petition suggests a requirement.
Nothing in the petition suggests owners overriding Board decisions. That’s the purpose of the petition to remove them.
There’s only one phrase that’s not specific. The rest of them are. No topics that are not on the agenda have been asked to be discussed.
I don’t make allegations that do not have documentation to back them up. Slander only works if the allegations are untruthful.
One of our misunderstandings is the premise that homeowners are trying to force the Board to do anything and that’s just not the case. That’s the purpose of the recall, to remove the Board members that are not responding and acting on the needs of the homeowners, thus ignoring their fiduciary duties.
Regarding your last statements, I refer you to the above, and ultimately, we may have to hire a lawyer. We don’t have the luxury of waiting for an annual meeting. We’ll be flat broke by then.
Again, ElleN, thank you for your exhaustive critique of the petition. It forced me to do a thorough review of where we are so far, and as you alluded to Special Meeting are very different from Annual meeting with some exacting, precise things that have to be done. It will be interesting to see if you weigh in on my next question regarding management contracts.

"make it up as we go along because we think that's what a board does," fits a lot better!

Thanks again, ElleN!

Walt

John,

I know there has to be an agenda and it has to be fairly exact. Reading your advice, if it has to be that precise I'd like to read it somewhere, especially,if there is no Board member to replace the recalled Board member.

I know there is one very vague request without any specifics in the petition, and that's probably not going to fly. If you know where I can see that, I'd appreciate it, as I know the Special Meeting has a short list of requirements.

I'm also looking into an informal meeting. The effort is to try to find a path if the Board, although required by law, refuses to schedule the meeting? People are saying law suit, and I'm trying to find something that just may not be there. It just seems like there should be a way to avoid legal expenses when dealing with a Rogue Board.

Thanks again, John.