tennessee-articles, states/board/special meetings

Started by LauraP • 11 replies • 1555 views

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LauraP (Tennessee)
Posts: 17

Posted:

I am trying to find out about budget or special meetings. i understand the required quorum, for the meeting. but in a condo/or villa. is it required by the board to have a speaker phone for those attending out of state for meetings?? does anyone know? they are trying to make me pay for taxes from last year. when i just purchased the condo 4 months ago! does anyone have any input???
thank you

Laura

RogerB (Colorado)
Posts: 5,067

Posted:

Laura, it is not required to have a speaker phone. If you are out of state you can not attend unless you go back or can provide representation via a proxy. Regarding your real question on taxes, if you have title insurance and this debt is not listed then the title company would be responsible. Unless the HOA provided a certificate of status of assessment stating monies owned and did not list last year's taxes. Then the association can not collect and probably is responsible to pay.

LauraP (Tennessee)
Posts: 17

Posted:

i am trying to find out where you researched this information in tennessee, articles etc.. What I am trying to ask is..

i was suppose to attend the meeting-via speaker phone, and was verified with the Board President. There was never a mailing for this meeting. (You have to remember-this is a little area in backwoods tn.) but on a golf course.

the speaker phone did not work. there is only 6 condo's.
my vote didn't get to count for the increase of assessments. part of this increase was because of taxes, for the prior year paid by the golf course, which is a seperate association. (this was for roads). i was never an owner last year. i just joined the association in May.

what would happen if i just paid my regular amount in assessments, since they have pretty much done everything i believe illegal? do they have to provide this certificate still??

LauraP (Tennessee)
Posts: 17

Posted:

I never recieved a proxy either?
thanks Laura

LauraP (Tennessee)
Posts: 17

Posted:

Roger, thanks for your help!I really appreciate it. Can you answer any of these other questions??
thanks, Laura

RogerB (Colorado)
Posts: 5,067

Posted:

Laura, I have not researched Tennessee statutes but this appears to be a very clear cut case of an increase in assessment. It appears that you are not being charged for last year's taxes. Rather, you are simply being charged for this year's assessment which was increased from last year's. You are responsible for paying the current assessment which is your regular assessment for this year. Why do you presume anything has been done illegally? The President obviously went beyond requirements when they tried to include you. The speaker phone did not work but they had no obligation to provide it.

If you fail to pay the full amount there may be late charges, interest, and other considerably more costly ramifications.

LauraP (Tennessee)
Posts: 17

Posted:

Roger,
Well first of all the documents state a 30 day notice, which was never recieved. for the meeting. and you would think i would get something in writing.i also never recieved anything in writing of the increase.

i have never recieved a proxy. i have never recieved a copy of the budget or financials. it also states they are required to have monies in reserves and they don't apparently. Also the matter of the fact is part of this assessment increase was again for last years taxes for the roads. and this years taxes. why would i have to pay for last years taxes. You mean to tell me know one was not smart enough to know, that they were responsible for these taxes.these are back taxes, for last year-that were already paid by the golf course.

apparently the golf course has always paid it in the past. 2 of the units are still owned by the bank, which they got two votes. it seems to me they clearly left me out-because they new i would be there the following weekend. i feel this is very unfair. Your re-action is totally different now.Should i still request a certificate of assessments. what kind of re-course do i have then, in your eyes!
thanks for all of your help. i have been searching there are no Tennessee articles to be found or statues>>>Laura

LauraP (Tennessee)
Posts: 17

Posted:

Roger, are you going by Colorado statues??

I am not trying to withdraw from paying assessments. but I beleive they should of done a special assessment for these back taxes, and on another note, the increase is effective Oct. 1, is what i heard. i have nothing in writing the president just left me a message. you would think the assessment increase would start at the beginning of the year. i don't really think they know what there doing, and i really don't want to hire an attorney. the board president will not return my phone call..
Roger what is your input... thanks again Laura

RogerB (Colorado)
Posts: 5,067

Posted:

Laura, my statements are based on normal operating procedures and are not state specific. Your association may not be following their By-laws to the letter but based on everything you have posted I do not think you have any recourse. If you don't like how the current Board is treating the members perhaps you need to get on the Board

LauraP (Tennessee)
Posts: 17

Posted:

Roger, you didn't answer my other question for the certificate of taxes. Should this be provided. how would I get on the board if he is the President, that lives there. I don't. I live in another state.

My problem is I can't trust the golf course. which they are trying to tell him what to do. the people that own the golf course, have already been dis-honest with me. I know they don't understand or follow the rules or bylaws.

i am just trying to get some professional advice, rather then hiring an attorney.
can you please answer the other questions. Thanks much!
Laura

RogerB (Colorado)
Posts: 5,067

Posted:

Laura, I have tried to answer all of your questions. I am not aware of any certificate of taxes. If you are referring to my comment on a certificate of status of assessment, it doesn't apply since you later posted last year's taxes were not involved as you first posted stated. If you want additional professional advise please contact me and I may provide at my hourly consultant rate

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

LauraP,

I take serious issue, and disagree 100% with any comment such as, "If you don't like how the current Board is treating the members perhaps you need to get on the Board". IMO, joining the board to right a wrong or fix the inadequacies of some who elected to serve is an inadequate response at best. For some, joining an association where others administer the day to day activities of owners is a an answer to their economic situation. Is peddling the "join the board" response possible to dole out to every owner?? No. Many boards don't have openings at the time an issue such as yours arises. I find the "if you don't like it change it" answer a knee jerk response at best.

You should not be chastised, or presented with impossibilities for questioning the procedure with which an assessment, amendment, or operation takes place. Regarding the procedure of notification, you may be right to think there was a bit of impropriety, or lack of due diligence. However, there is nothing required for you to be broadcast via speaker phone, these often don't work due to delays.

Adequate written notice of meeting time, place, agenda to the extent known may be spelled out in your by-laws, or state law. In my state, NJ, the State Department of Community Affairs requires by the Open Meeting Act as it applies to a community association that the agenda is posted no less than 48 hours in advance, that minutes of all open meetings MUST be taken and approved at each subsequent open meeting and posted to owners. Some states may require agendas and minutes be posted and mailed or that the board find a better method to ensure distribution.

Your by-laws may also state that the board has a period of time after the meeting to inform owners. If so, you may not prevail on that account.

Did your attorney have anything written into your ryder, or closing documents that you are not responsible for any back taxes, liens, etc.? If that's the case, and the new assessment details it is to pay for back taxes, I don't see why you are technically responsible to pay it going forward, even if disguised as an assessment. However, I'm not an attorney.

Best of success!!
GeraldT1
NNJ

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