No annual meeting, no minutes no annual report

Started by RichardC6 • 5 replies • 1084 views

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RichardC6 (Georgia)
Posts: 2

Posted:

We have a community of close to 700 lots with approx. 150 homes occupied. The developer established an HOA (incorporated) in 2003. I've not been able to find any evidence of meetings or reports. Of the information I have reviewed there are obvious discrepancies in HOA property ownership. The bylaws give the developer preferential voting rights which terminate at the beginning of 2010.
Some residents thought that the HOA owned a swimming pool/tennis/health club facility but county records indicate different.
The majority of the homeowners are just sitting still and being quiet, afraid to rock the boat.

Where do I/we start?

BrianB (California)
Posts: 2,820

Posted:

read your articles and by laws. the developer may not have reached hte point where they turn the HOA over to the owners. Typically, everything is "preferential" until that point.

RichardC6 (Georgia)
Posts: 2

Posted:

Actually the bylaws say that there are to be membership meetings annually (after the first year, that there is to be an audited annual report each year prior to an assessment. Without a whole lot more words--the only preference for the builder is in voting and there are some items that require a vote of the entire membership.

BrianB (California)
Posts: 2,820

Posted:

All i can say is that normally, as long as the developer holds the majority of votes, the HOA is not turned over yet. Until then, they really control the shots, and such things as annual meetings, etc. don't apply... they own all the votes anyway...

SusanW1 (Michigan)
Posts: 5,202

Posted:

You can confirm this by looking at the corportion's name and the composition of the Board. Sounds like the developer has not yet turned over the complex to the HOA. With only 150 lots of a potential 700 completed, you may have a little wait.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Brian and Susan are correct in their assessment. And, I must add, it's not unusual for there to be no board meetings during the period of declarant control, especially if that only encompasses one or two years. Some assn's that are under declarant control for many, many years do hold board meetings and may even appoint a few members to the board. However, these are usually very large complexes with a lot of amenities so it stands to reason there is a real need for the board to meet regularly. Your assn is fairly large, but not many lots have been sold and the amenities you thought you had aren't there, so there may not be a need for regular meetings of the board. Sorry, but there's not much you can do as long as the developer is in control! However, I would research the docs to determine when he must turnover to the members and keep a careful watch that he does indeed turn over when required to do so.

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