Volunteer HOA Board Members and Mayhem

We have a volunteer to join HOA, and as of April 1, 2008 our dues payment is due for all homeowners who want to be members of the HOA for 2008 (Charter). If a board member has NOT paid their dues, we are suppose to consider them in default. This goes along with any other homeowner who does not pay themselves current. They (homeowner) may not participate in any actions of our Board and enjoy properties of the Association, according to our Charter. Currently some board members have NOT paid their dues!

We have had so much upset lately with some disgruntled homeowners wanting to remove the current board (myself a current member), that there are past members who as homeowners say they may not, and have to date have not, paid the recognized Treasurer their current dues.

There are some homeowners whom have decided to try to create an interim board with false (illegal) notification of a meeting (not legal by our Charter)without the HOA Charter rules being observed, and they have informed neighborhood homeowners and members of a special meeting (by mail), they held the meeting (even though they were sent written notice that it violated the Charter), they sent out ballots and took votes of those that attended and those that sent in their postcard ballots. The meeting was NOT stopped, they laughed at our attempt to tell them it was not legal bty USPS (current board).

They are now saying their illegal meeting was legal and their interim committee is running the HOA and the old board (others and me) have been removed from our responsibilities and must turn over to them our Association possesions by USPS to all residents (us included).

Some of us Board members have so far refused their actions entirely(Treasurer and myself), some have relented (President and Asst. Treasurer resigned), some have joined the forces against the legitimate board (vice-president helped chair the illegal meeting with a member at large), and some have sat quitely by waiting for myself and others to act (other members at large).

We (Treasurer and Secretary) now face a deadline by their written demands; March 31, 2008. You understand they want to follow the Charter requirement for members who as of April 1,2008 will be in violation of the Charter if they do not pay their dues, go figure, why that part of the Charter they want to follow.

We will not comply with their requests, nor will we legitimize any of their actions. What do you think? What should our position be? Where should we look for this to go? Any ideas and suggestions would be appreciated.

Are there bylaws? What does it say about removing board members?

If the Members called a Special Meeting, and voted to oust the Board, they MAY be within their rights IF those powers are in the Bylaws.

Too many unknowns here.

I am too confused. I will say, your mayhem is nothing compared to my hoa!

What a weird set-up. A voluntary HOA, but if you join you are committed forever, or can be charged for up to 5 years? Do you have amenities that make this worthwhile? Is this commitment spelled out in your deeds or is it contractual? I would think that would be unenforceable. I suppose that is what your 5 year cut off is for. Sounds like a health club I once joined when I was young and not too bright. They sold my contract and promptly closed their doors. Guess what? I still owed for five years of nothing. What if someone moves after committing? Does his commitment go with the deed and commit the new owner? Your amenities must be mighty good. Otherwise I can't imagine anyone actually doing this. I would very much like to see your contract and/or your deed restrictions.

I do agree the Article of the Charter is odd, but it has existed since our family has lived here and has not been contested in writing. Members have stopped paying and said they do not care to be a part of the HOA then try to use the park of the HOA until they are asked to leave and/or told they would have to become members again to have the use.

Yes, we have a very nice park area with a childrens play area and a beach and two docks and a boat ramp that can be accesed by signing a key rental agreement (members and members watercraft only) and paying for a key rental for the season (Michigan)!

We're better than a health club, and we only close the ramp during the winter and we're still here. New owners are not obligated to pay past dues when they move in, but any owner who sells their property and does not live on the lake, can not advertise lake access. We(HOA) own the only on lake access.

This was a great place to move to, and live in, before our family knew all the misdeeds being done by former board members. Those who contended the rules were for others, not them! Some of the same folks (former board members) violating the Charter that they helped create, figure out that one. Self serving, yes, but would they say so, most people who are, don't.

It seems confusing because your use to an HOA that has specific guidelines created by builders/developers. These Charter Documents were created by homeowners to manage a gifted property to the Association, along with a front entrance island with identifying signage and a cull de sac island on one subdivision road.

The township along with our deed restrictions pretty much define the right of any homeowner to make or do architechtural control over home design and only have one empty lot. Subdivision is over forty years old.

The idea, I believe was, to continue to have funds for care of these areas for the good of the subdivisions home values and to create a draw for the neighborhood homeowner families to enjoy and congregate, as well as gravitate. Our family did when we moved here and thought it was great.

Homeowners have and do quit, we have no legal remedy to force someone to pay other than keeping them from using the properties of the HOA and participating in the elections of board HOA and additions and changes to the Charter Dopcuments.

The maximum we can go back in dues and demand a homeowner to paty is five (5) years, even if they have not been a member for over that time period. It limits the impact for all homeowners (don't know the reason, it's just part of the Charter created by the members of the Charter Committee). The advantage to any homeowner outright is the association insurance coverage for ALL members, instaed of a balloon policy coverage for your homeowners insurance, because of the liability of the park, the beach and the boat ramp in your neighborhood. We all know what lawsuits can do to a neighborhood association.