How oftten is the BOD required to meet?

Started by CharlesW1 • 7 replies • 2238 views

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CharlesW1 (Georgia)
Posts: 826

Posted:

Our HOA has yet to hold a meeting for this year of 2006. We were told in our last newsletter,in December, that it would be coming up in January. Well, January has come and gone along with February, March, and here we are at the end of July. Is there a written "rule" on how often HOA have to meet and share insights and happenings with its residents? Also, is there a law stating that a resident has to pay HOA dues if they don't believe their HOA is doing what they are supposed to be doing as written in the covenants (ie. upholding and reinforcing its laws)?

Thanks so much!
Chuck

Charles E. Wafer Jr.

RogerB (Colorado)
Posts: 5,067

Posted:

By-laws should require annual meetings and specify when they occur and how owners are notified. Good By-laws will also specify required agenda items, such as election of Board members and ratifying the annual budgets.

HOA assessments should be paid promptly regardless of other conditions, unless you want to pay a lot more.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

CharlesW1,

Your by-laws probably explain there are penalties for dues not made. Witholding payments will only get you a lien on your property. Then you will fall into the category of an owner that is not doing what he is supposed to be doing.

Many boards are only required to hold one open annual meeting, and within one month following the annual meeting many boards are required in the by-laws to meet and choose officers of the board.

Check Arizona state laws, see what the definition of "meeting" is. "Meeting" may even be as broad as electronic communication between a quorum of board memebers. Many boards take minutes of meetings and the state laws mandate that copies of previous minutes be made available at the next open meeting. Unfortunately in your case, the board may only be required to provide copies annually. However, it might put the boards on notice if you request in writing to receive copies of minutes from all board meetings as defined by Arizona state law and your by-laws.

Best of Luck!!
GeraldT1

JoAnneM (Florida)
Posts: 2

Posted:

Bylaws dictate; I my case it is reguired that meetings be held monthly. However our board does not follow the bylaws, and all of their meeting's with the exception of the annual general meeting are not open to the community membership. While they accept nominations to the board (so they say) the elections are also closed to the membership (no one knows who's running the place) The board makes many threats which are in violation of the Florida Statutes, and in my opinion should be ignored. They are also trying to impose restrictions upon a neighboring community. This represents a bunch of idiots who are out of control. What's you opinion?

Walter Morrissey

RogerB (Colorado)
Posts: 5,067

Posted:

JoAnne, if what you says is a valid and complete evaluation of your Board then I think it is time they are replaced.

MaeA (Texas)
Posts: 2

Posted:

You need to have a copy of your Bylaws of the HOA.

It should state the requirement of meetings.

Ours has "at least one a year".

Mae A.

JoAnneM (Florida)
Posts: 2

Posted:

There is little reason to replace the board. According to Florida Statutes they are not legally recorded. However this still represents a problem because due to their over zealous attitudes they may still force the matter into court, and someone has to pay. I had a visit from them yeasterday on a minor issue, but because of their antaganistic attitude, and the fact that they have no Statutory Athority I find myself reluctant to cooperate with them. They have also replaced their previous attorney with one that I know, and who has a bad reputation. She has caused many problems in other community's, and many of her efforts to change Florida Laws have been vetoed by Gov. Jeb Bush.

Walter

CharlesW1 (Georgia)
Posts: 826

Posted:

JoAnne- I’m not one to complain. I’m among the few people that say “you shouldn’t complain about who has been elected if you yourself does not vote” Same goes for HOA. You shouldn’t complain if you are not going to attempt to change what is going on in your own community.
I’m sorry you feel that way. I can only hope you will get more involved in your community, like maybe being on the BOD or the committee?

Consider it, if this is something that affects your way of living or do what you have to get rid of them altogether.

Chuck W.

Charles E. Wafer Jr.

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