JohnO6 (Georgia)
Posts: 424
Posts: 424
Posted:
OK, so I'm an occasional contributor here, but a more frequent "lurker". And I have to tell you, it can be frustrating to read and review some of the discussion threads that are either (a) simplistically repetitive from previous threads, (b) unanswerable without more specific information - usually in the form of exact language from a particular association's governing documents, or (c)unappreciative of the perspective of what an HOA actually is - a corporate business (in most states).
So without any intent to stifle discussion - and in full recognition of the many, many intelligent insightful discussants to be found here, I would offer up two suggestions for original topic posters:
1). Unless your situation or question is of a very general nature, it would serve you well to first READ YOUR ASSOCIATION'S GOVERNING DOCUMENTS very carefully and completely. I acknowledge that this isn't "fun" or "light reading", but most often it's absolutely necessary. Take special heed of this advice, if after your original post, others here voice the need for specific language of your CCRs. Recognize that the term "governing documents" is a general reference to, most often, two legal documents - a "Declaration of Protective Covenants" (CCRs) which subjects the community's properties to deed restrictions contained in the document and also serves to form the body (e.g. the HOA) that will carry out those restrictions; and a set of "By-laws" that directs how the Association will function. It's my opinion that a substantive proportion of questions posed here, could be answered easily by the OP themselves if they first had done this.
2). RECOGNIZE YOUR HOA FOR WHAT IT IS - this "collection of homeowners" isn't a social club - it's a business. Most often, it is a state chartered corporation that operates as a separate legal entity. It's actually helpful keep in your mind a publicly held corporation that you're familiar with as an analogy for your HOA. The corporate company in your mind has shareholders (members of the HOA) who elect a Board of Directors (the HOA Board) to run the business for them - with the assumption and accountability that this Board will perform well for the benefit of the shareholders. The Board has the responsibility to see that the business runs according to it's charter. Shareholders don't typically participate in all decisions the Board makes - they don't approve every expense, they don't hire and fire every employee, etc, etc, etc. The Board is accountable to the shareholders who, can choose to replace them if their performance doesn't live up to the shareholders expectations (HOA elections).
Well, enough of me on a soap box for today
But I sure do feel better now!
So without any intent to stifle discussion - and in full recognition of the many, many intelligent insightful discussants to be found here, I would offer up two suggestions for original topic posters:
1). Unless your situation or question is of a very general nature, it would serve you well to first READ YOUR ASSOCIATION'S GOVERNING DOCUMENTS very carefully and completely. I acknowledge that this isn't "fun" or "light reading", but most often it's absolutely necessary. Take special heed of this advice, if after your original post, others here voice the need for specific language of your CCRs. Recognize that the term "governing documents" is a general reference to, most often, two legal documents - a "Declaration of Protective Covenants" (CCRs) which subjects the community's properties to deed restrictions contained in the document and also serves to form the body (e.g. the HOA) that will carry out those restrictions; and a set of "By-laws" that directs how the Association will function. It's my opinion that a substantive proportion of questions posed here, could be answered easily by the OP themselves if they first had done this.
2). RECOGNIZE YOUR HOA FOR WHAT IT IS - this "collection of homeowners" isn't a social club - it's a business. Most often, it is a state chartered corporation that operates as a separate legal entity. It's actually helpful keep in your mind a publicly held corporation that you're familiar with as an analogy for your HOA. The corporate company in your mind has shareholders (members of the HOA) who elect a Board of Directors (the HOA Board) to run the business for them - with the assumption and accountability that this Board will perform well for the benefit of the shareholders. The Board has the responsibility to see that the business runs according to it's charter. Shareholders don't typically participate in all decisions the Board makes - they don't approve every expense, they don't hire and fire every employee, etc, etc, etc. The Board is accountable to the shareholders who, can choose to replace them if their performance doesn't live up to the shareholders expectations (HOA elections).
Well, enough of me on a soap box for today
But I sure do feel better now!