POA Mess: Trying to sort it out & change/add fees

I am the Sec/Treas of a POA that is relatively new and in my opinion not set up properly by the developer. We are trying to set things right but it's going to be hard due to a number of different issues...

The POA contains 33 lots. We were set up to collect "Road Maintenance Fees" only. 10 of the lots are accessed by the county road and therefore exempt to paying RMFs. However, we are required by state code (WV) to carry liability insurance, which we do not have. Our president insists that we may not spend the RMFs on insurance because they are only to be spent explicitly on road maintenance. Also we got a free consult from a lawyer who agreed. One of our board members wants to start charging the 10 lot owners some sort of user fee to help pay for this. Of course, these lot owners say, "we haven't paid for 4 years, why should we start paying now?"

1. What should we do about paying for insurance if we DO get a quorum to change the bylaws and they vote it down?
2. If we do get a quorum and these people don't pay, and therefore their right to vote is suspended, do we have to count them towards future quorums?

Thanks!

Ok, how would I check their agreement?

Also, if we do get a quorum, can we reword the documents so that these 10 lots are no longer a part of our association?

Check at the courthouse..the Covenants and Restrictions that are attached to the deed. In many communities all lots are expected to pay equally for road maintenance if some of the roads are maintained by the POA..it doesn't matter if they are living on a state maintained road. It all boils down to what's in their deed. I recommend finding a lawyer who specializes in POA law and ask for a consultation.
Good luck,
MaryN

LauraR2: By what or whose directive are the 10 lots EXEMPT from paying into RMF? I understand these 10 are accessed by the county road, but under whose authority do they not pay into this fund?

Further, if the state requires you to carry liability insurance, it is not up for vote. It is for all residents to equally pay for with the cost to be included in or established as a POA assessment fee.