PeggyG (Delaware)
Posts: 5
Posts: 5
Posted:
Our bi-laws state that we should have a review every year. Our board hasn’t complied. Is there any recourse for a board to not follow the rules that
Enforce on the members?
Enforce on the members?
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Not having a yearly review
Started by PeggyG • 10 replies • 126 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
A review of what? Are you talking about community rules, the budget? Be specific - Bylaws typically dictate how the community is to be run, whereas the CCRs usually dictate how the common area is used.
Community rules may be additional rules the board establishes that flesh out the Bylaws and CCRs, but can't override them. Changes to Bylaws and CCRs are usually done upon a certain percentage of homeowners approving them
PS - it's bylaws, not bi-laws.
Community rules may be additional rules the board establishes that flesh out the Bylaws and CCRs, but can't override them. Changes to Bylaws and CCRs are usually done upon a certain percentage of homeowners approving them
PS - it's bylaws, not bi-laws.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JackieB4 (California)
Posts: 398
Posts: 398
Posted:
Quote:
Posted By PeggyG on 07/24/2025 10:02 AM
Our bi-laws state that we should have a review every year. Our board hasn’t complied. Is there any recourse for a board to not follow the rules that
Enforce on the members?
Our bi-laws state that we should have a review every year. Our board hasn’t complied. Is there any recourse for a board to not follow the rules that
Enforce on the members?
Yes, elect a new Board.
ElleN (Idaho)
Posts: 1,338
Posts: 1,338
Posted:
Start with a polite, emotion-free, just-the-facts letter requesting that the board comply with the bylaw section pertaining to a (financial) review. A letter like the following is fine:
Dear Board,
Bylaw #___ requires that the HOA have a financial review annually.
Does the board intend to have a review this year? If so, about when will it happen? If not, will there be a review next year?
Please let me know your response by August 15.
Thank you for your service,
Name
address
email addie
phone
If the board does not respond, then take the steps here:
https://attorneygeneral.delaware.gov/fraud/cpu/ombudsperson/cic-complaint-procedure/
Dear Board,
Bylaw #___ requires that the HOA have a financial review annually.
Does the board intend to have a review this year? If so, about when will it happen? If not, will there be a review next year?
Please let me know your response by August 15.
Thank you for your service,
Name
address
email addie
phone
If the board does not respond, then take the steps here:
https://attorneygeneral.delaware.gov/fraud/cpu/ombudsperson/cic-complaint-procedure/
PeggyG (Delaware)
Posts: 5
Posts: 5
Posted:
Thank you very much
PeggyG (Delaware)
Posts: 5
Posts: 5
Posted:
Quote:
Posted By SheliaH on 07/24/2025 11:17 AM
A review of what? Are you talking about community rules, the budget? Be specific - Bylaws typically dictate how the community is to be run, whereas the CCRs usually dictate how the common area is used.
Community rules may be additional rules the board establishes that flesh out the Bylaws and CCRs, but can't override them. Changes to Bylaws and CCRs are usually done upon a certain percentage of homeowners approving them
PS - it's bylaws, not bi-laws.
A review of what? Are you talking about community rules, the budget? Be specific - Bylaws typically dictate how the community is to be run, whereas the CCRs usually dictate how the common area is used.
Community rules may be additional rules the board establishes that flesh out the Bylaws and CCRs, but can't override them. Changes to Bylaws and CCRs are usually done upon a certain percentage of homeowners approving them
PS - it's bylaws, not bi-laws.
Under description of treasurers duties, it says that a financial review by a cpa is to be done
TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Depending on the complexity of the finances and how many years since the last review, a CPA may charge $3,000 to 10,000 to do the work.
If you don't have the funding for that, you may need to increase assessments or adopt a special assessment.
If you don't have the funding for that, you may need to increase assessments or adopt a special assessment.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By ElleN on 07/24/2025 11:19 AM
Start with a polite, emotion-free, just-the-facts letter requesting that the board comply with the bylaw section pertaining to a (financial) review. A letter like the following is fine:
Dear Board,
Bylaw #___ requires that the HOA have a financial review annually.
Does the board intend to have a review this year? If so, about when will it happen? If not, will there be a review next year?
Please let me know your response by August 15.
Thank you for your service,
Name
address
email addie
phone
If the board does not respond, then take the steps here:
https://attorneygeneral.delaware.gov/fraud/cpu/ombudsperson/cic-complaint-procedure/
Start with a polite, emotion-free, just-the-facts letter requesting that the board comply with the bylaw section pertaining to a (financial) review. A letter like the following is fine:
Dear Board,
Bylaw #___ requires that the HOA have a financial review annually.
Does the board intend to have a review this year? If so, about when will it happen? If not, will there be a review next year?
Please let me know your response by August 15.
Thank you for your service,
Name
address
email addie
phone
If the board does not respond, then take the steps here:
https://attorneygeneral.delaware.gov/fraud/cpu/ombudsperson/cic-complaint-procedure/
In Ohio, an HOA board is required to review the financial statement for the year ending. When the board votes to accept the December financial report, the review is complete.
If the board in question has voted to accept the year end financial report, the review is complete.
LisaB21 (Texas)
Posts: 97
Posts: 97
Posted:
A review or an Audit? Very different processes. What do the By-Laws actually call for?
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Quote:
Posted By PeggyG on 07/24/2025 11:42 AM
Posted By SheliaH on 07/24/2025 11:17 AM
A review of what? Are you talking about community rules, the budget? Be specific - Bylaws typically dictate how the community is to be run, whereas the CCRs usually dictate how the common area is used.
Community rules may be additional rules the board establishes that flesh out the Bylaws and CCRs, but can't override them. Changes to Bylaws and CCRs are usually done upon a certain percentage of homeowners approving them
PS - it's bylaws, not bi-laws.
A review of what? Are you talking about community rules, the budget? Be specific - Bylaws typically dictate how the community is to be run, whereas the CCRs usually dictate how the common area is used.
Community rules may be additional rules the board establishes that flesh out the Bylaws and CCRs, but can't override them. Changes to Bylaws and CCRs are usually done upon a certain percentage of homeowners approving them
PS - it's bylaws, not bi-laws.
Under description of treasurers duties, it says that a financial review by a cpa is to be done
As Treasure, “ I move we hire a CPA to review the financial records”.
President, “Do I have a a second of the motion? No second the motion, the motion is table”.
The treasure did his duty.
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