MB1 (California)
Posts: 2
Posts: 2
Posted:
Please Help!
Our HOA has recently informed all of us homeowners our CC&R's have expired. The HOA asked for members to vote to reinstate our CC&R's. Unfortunately, there was a large amount of members who did not participate in the vote. We also had ballots improperly completed which made them invalid. All of this contributed to us not attaining the high number of majority vote necessary to reinstate our CC&R's. I believe we were only short 4-5 "yes" votes from reaching the required 75%.
We now have a SERIOUS problem. We have a small number of members rallying to disband the HOA completely. They are "opting out" of the association. Relinquishing their membership and refusing to pay any further HOA monthly assessments. These homeowners are under the assumption without current CC&R's there is no HOA. Some of these homeowners are already beginning construction on what was HOA maintained land. Which is very scary considering the number of homes that have been lost due to many slope slippages we have had in our area.
We are located in Anaheim Hills, CA. We are a community of single-family homes. We have several slopes with large drainage channels, mature trees, shared electricity and water for the sprinkler systems. These common areas are legally owned by each individual homeowner; but have been maintained by the HOA for over 30 years. We all signed deeds fully aware of us buying into an HOA ran community. In fact, the City of Anaheim has a municipal code attached to our properties stating "mandatory Community Association" for the maintenance of these slopes.
With this recent disturbing situation, I have a few questions I hope you can help us with....
1. How can it be possible for homeowners to be permitted to 'quit' the HOA when there are still current Articles of Incorporation, Bylaws and Operating rules?
2. I would think the community HOA would be set up as all or nothing?
3. Aren't the paying of the monthly dues attached to the other documents (Bylaws, Articals of Incorporation, Operating Rules) and not the CC&R's?
4. I understand the expiration of CC&R's is highly unusual. Can't we go before a judge with all of this information and ask for judicial intervention?
5. Is there any governing office that may be able to help us regain our HOA status?
6. Doesn't our property management company have a responsibility of protecting the homeowners from any type of expiration of the HOA?
The remaining HOA members are due to re-vote to reinstate the CC&R's on February 2nd. We currently have approximately 33% opt outs, 33% ballots returned and 33% non-responses. It seems impossible a re-vote is going to do any good. We could really use some help getting our HOA back on it's feet. I am fearful of the liability of our large sloped areas and the dissension of the neighborhood.
Our HOA has hired an attorney, but it is unclear if our attorney is pro-HOA.
Our HOA has recently informed all of us homeowners our CC&R's have expired. The HOA asked for members to vote to reinstate our CC&R's. Unfortunately, there was a large amount of members who did not participate in the vote. We also had ballots improperly completed which made them invalid. All of this contributed to us not attaining the high number of majority vote necessary to reinstate our CC&R's. I believe we were only short 4-5 "yes" votes from reaching the required 75%.
We now have a SERIOUS problem. We have a small number of members rallying to disband the HOA completely. They are "opting out" of the association. Relinquishing their membership and refusing to pay any further HOA monthly assessments. These homeowners are under the assumption without current CC&R's there is no HOA. Some of these homeowners are already beginning construction on what was HOA maintained land. Which is very scary considering the number of homes that have been lost due to many slope slippages we have had in our area.
We are located in Anaheim Hills, CA. We are a community of single-family homes. We have several slopes with large drainage channels, mature trees, shared electricity and water for the sprinkler systems. These common areas are legally owned by each individual homeowner; but have been maintained by the HOA for over 30 years. We all signed deeds fully aware of us buying into an HOA ran community. In fact, the City of Anaheim has a municipal code attached to our properties stating "mandatory Community Association" for the maintenance of these slopes.
With this recent disturbing situation, I have a few questions I hope you can help us with....
1. How can it be possible for homeowners to be permitted to 'quit' the HOA when there are still current Articles of Incorporation, Bylaws and Operating rules?
2. I would think the community HOA would be set up as all or nothing?
3. Aren't the paying of the monthly dues attached to the other documents (Bylaws, Articals of Incorporation, Operating Rules) and not the CC&R's?
4. I understand the expiration of CC&R's is highly unusual. Can't we go before a judge with all of this information and ask for judicial intervention?
5. Is there any governing office that may be able to help us regain our HOA status?
6. Doesn't our property management company have a responsibility of protecting the homeowners from any type of expiration of the HOA?
The remaining HOA members are due to re-vote to reinstate the CC&R's on February 2nd. We currently have approximately 33% opt outs, 33% ballots returned and 33% non-responses. It seems impossible a re-vote is going to do any good. We could really use some help getting our HOA back on it's feet. I am fearful of the liability of our large sloped areas and the dissension of the neighborhood.
Our HOA has hired an attorney, but it is unclear if our attorney is pro-HOA.