MISSING MEETING MINUTES/Critical Board Decisions

Our HOA Board has made several very critical decisions in favor of a new developer who has recently taken over. The Board President refers to these decisions as being "discussed and approved by Board". To date no minutes to substantiate decisions have been forthcoming. In fact, the meeting in question was only attended by Board members and the developer and has been called, by our president "not a real meeting". Our meetings have tradtionally been "open", though the President is now supporting "closed" meetings.

With much Homeowner pressure (and advice from ths forum) two decisions were reversed. These involved giving the Developer voting rights without requiring payment of dues.

The latest involves major road movement to allow for "improvements" to our neighborhood. Again, we have been advised that the Board has "discussed and approved" a particular approval letter which is now in possession of both town and state. Several current Board members have denied being aware of this letter.

Covenants appear to support developer accessing common land for improvements. However, I see the bigger issue as being the actions of the Board.

Any new suggstions?

Thanks!

Gerald,

The date of the meeting was not given. The information about the meeting occurred at our annual meeting last July. It came directly from the President and the Board. The developer was present at the annual meeting. This was when the Board announced that the developer was granted voting rights without having to pay dues. As said, due to numerous emails, we were able to convince Board to reverse this. Numerous requests for minutes and date of meeting have been ignored. The only Board meeting that anyone is aware of since July occurred in October. Needless to say, very chaotic.

Thanks for you interest.

Linda

LindaA1 - The link below will take you to New Hampshire's Business Corporation Act which pertains to a not-for-profit. Read it's sections and advise us if your Board is acting appropriately or not.

http://www.gencourt.state.nh.us/rsa/html/XXVII/293-A/293-A-mrg.htm

Oh Boy, what a mess. There can be no resolution to this without going to get some legal advice. If no turnover documents were never filed, then I assume you are still considered under the Developers control and that removes some of your "say so" with what he is doing. Get an attorney asap.

Thanks, Gerald. I could not find exactly what we need. However, the site will be useful in the future.

Linda,
At this point my advice has to be pull back from any contact with the Board and the developer and form some organization your selve. Don't do this person to person. I doubt the President, as appointed by the developer has any authority to do or agree to anything. he and his board are at this point are simply advisors to the developer and it appears they are trying to be supporters of the developer.
You form your own Group, give it some structure, put out elected officers and deal with the developer and inform this president he has not been elected to serve the owners.

I assume I'm reading this right. If I am you need the clout of the owner of the sold property and if necessary or more than than, retain a good lawyer. The let him handle your groups correspondence.

I am not condeeming anyone because I don't know enough to take sides, but I also know enough, what happens from now on in your community right now will set the tone for years to come. Do it right.

And if it ain't in writing, it doesn't exist.

So everyone should make sure that minutes are kept, motions and voting results clearly stated in the minutes; and the minutes approved.

These are the legal records of the corporation.