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MikeL7 (Texas)
Posts: 13
Posted:
In my HOA in TX, I've found several Bylaws violations: (1) elections held in the wrong years which upsets the staggered system in the Bylaws (2) prohibiting half the homeowners from voting for certain BOD vacancies (two subdivisions seperated by a greenbelt make up the HOA and the Bylaws require one board member live in one subdivision, one live in the other, and a third board member from either (at large) ... the Bylaws specificly state that all members vote for all vacancies (3) new managing agent contract states that the managing agent responds ONLY to the HOA president who acts for the board and the association. (Bylaws specificly state that the board manages the managing agent (if any) and that the president basicly presides and signs. In a 2-1 vote, the board has refused to correct any violations and there are only a few vocal homeowners who object to these violations. It's not just Bylaws violations, it's not using Robert' Rules and standard business practices such as getting multiple bids, maintaing recommended reserves and on and on. My question: the board seems to answer to no one so is there a higher authority to force compliance (District Attorney ? Ombudsman ? State Attorney General?)
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Mikel,
The is an absolute authority over the Board, President and Management aggents. That absolute authority is the owner/members. The members can recall all the board, any person on the Board and fire the Managers. Check your documents, and I am sure it will tell you how this is done. The situation as you describe it appears to be one of neglect than abuse of power. Maybe the Board/management if not conducting themselves according to the documents in all matters, that will never happen.

A good lesson to learn right off the bat is all owners signed some kind of contract that obligates them to look out for the welfare of the association and the Real Property. The Board is just an owner and empowered just like all owners.

Right now, what you should be looking for is to meet with your board, express your concerns from you document, volunteer to help and get as many other owners to show their support for what you are doing. Bottom line, exhaust every avenue available and try to straighten this out in house. Don't expect to win every point, this is just the start of a process to change for the better.

Keep in touch
SusanW1 (Michigan)
Posts: 5,202
Posted:
(1) elections held in the wrong years which upsets the staggered system in the Bylaws
THIS SHOULD HAVE BEEN CAUGHT AT THE ELECTION; TOO LATE NOW. WHY DID THE ELECTION PROCEED, IF THERE WAS THIS MIXUP?

(2) prohibiting half the homeowners from voting for certain BOD vacancies (two subdivisions seperated by a greenbelt make up the HOA and the Bylaws require one board member live in one subdivision, one live in the other, and a third board member from either (at large) ... the Bylaws specificly state that all members vote for all vacancies
DO YOU KNOW THERE WERE WILLING CANDIDATES FOR OFFICE? AGAIN, THIS SHOULD HAVE BEEN CAUGHT AT THE ELECTION.

3) new managing agent contract states that the managing agent responds ONLY to the HOA president who acts for the board and the association. (Bylaws specificly state that the board manages the managing agent (if any) and that the president basicly presides and signs.
WHAT DOES "RESPOND" MEAN? ONE VOICE NEEDS TO BE TALKING TO THE MANAGING AGENT. TOTAL BOARD "MANAGEMENT" CAN STILL HAPPEN, EVEN THOUGH ONE BOARD MEMBER IS THE LIAISON TO THE COMPANY. I WOULDN'T LIKE TO HAVE 8 BOSSES, EITHER!

PUT YOUR ISSUES IN WRITING AND DELIVER TO THE BOARD. ASK FOR A PRIVATE SESSION WITH A BOARD MEMBER WHO CAN EXPLAIN ALL THESE "VIOLATIONS". IF YOU DON'T GET AN ANSWER,YOU CAN WRITE THE HOA'S ATTORNEY, WHO WILL CHARGE FOR GOING OVER EACH OF YOUR POINTS WITH THE PRESIDENT OR BOARD. BETTER IDEA IS TO RUN FOR OFFICE, IF YOU THINK THINGS ARE BEING DONE WRONG.
MikeL7 (Texas)
Posts: 13
Posted:
ROBERTR1

Yes, it's possible that the board is responsible to members/homeowners, but in this HOA it takes a 10% quorum to have an annual meeting/election (22 out of 220 homeowners) and it takes a majority of the 22 (12) to elect a person to the board. It takes a 2/3's majority to recall anyone (145). As a practical matter this is impossible.

MikeL7 (Texas)
Posts: 13
Posted:
SUSANW1
1. There was a change to the Bylaws to set up the staggered voting the previous members meeting/election. This change was not distributed to the general membership so that at the last members meeting/election, few knew of the change. Neither the acting president or the managing agent mentioned it. I only discovered it when I was rewritting the Bylaws.
2. Yes, there were willing candidates.
3. When I use the term respond, I mean take action to perform repair work such as fixing HOA fences, lights, pool clean-up, inoperative gates, and so forth. Actually, the managing agent works for all 220 homeowners.
4. I am in office and am trying to fix many problems. I have provided written documentation of these violations and several others. Thus far, no response.

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