VOTING FOR ROAD WORK AND LOAN

Started by TamH • 7 replies • 1506 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TamH (California)
Posts: 30

Posted:

Please keep in mind that this is a HOA in Idaho…

We have land in Idaho that is governed by a HOA that is run by the homeowners that are voted into office. No property management. Idaho has no HOA Statutes and is a nonprofit corporation.

The HOA sent out a ballot to vote to have the roads done and a unsecured loan. The one vote was for the roads to be chipped and sealed saying that no assessments would be required and the yearly dues will stay the same. The second vote was for an unsecured loan to pay the contractor that is doing the roads and said the budget for the next 5 years will pay for the $138,000.00 loan.

The HOA BOD started the road work before the ballot was counted and now I am receiving emails that the President is going to use common ground for the loan. That would not make it an unsecured loan.

We were told that the ballot did not pass when counted by a 2/3 vote…the secretary validated the “NO” vote and certified it. The next day the BOD had a recount and said that it all passed.

My question is…shouldn’t the vote be retaken, for the roads and if the ballot states that it is for a “unsecured loan” and President is now making it a secured loan with common ground? Are lot owners and homeowners supposed to be notified about the loan and a new ballot should be issued for a secured loan and the roads?
What ercourse would the community have?

Tam

GlenL (Ohio)
Posts: 5,491

Posted:

Receiving emails from whom? Unless they are official communications from the BOD then they are the feckless ramblings of gossip mongers unless they have some kind of proof and by proof I mean physical tangible evidence that would stand up in court; not something that someone allegedly heard or was told. The first step would be a polite inquiry to the BOD outlining your concerns and see what response you receive.

Studies show that 5 out of 4 people have problems with fractions

TamH (California)
Posts: 30

Posted:

Sorry!
I should of said emails from the BOD. Saying that the ballot did not pass and that now the 3 financial institutes that were contacted are now saying the loan now has to be secured. Now that there was a recount the board thinks they can just continue and email those who's email they have and ask everyone to forward the email they have received.
I said that they need to officialy notify everyone and then vote on these two items again and I how can the community forward email if the board does not have everyone's email.
How dumb can dumb get!

SusanW1 (Michigan)
Posts: 5,202

Posted:

If I understand you, the work has been started and contracts signed so what good does it do?

The loan is required to be "secured" - so there is no choice except for this to happen.

My question is: HOW and WHY did the board authorize the work before getting clear on the method of funding for the project?

JohnB26 (South Carolina)
Posts: 1,569

Posted:

Quote:

Posted By SusanW1 on 09/26/2009 6:51 PM
If I understand you, the work has been started and contracts signed so what good does it do?

The loan is required to be "secured" - so there is no choice except for this to happen.

My question is: HOW and WHY did the board authorize the work before getting clear on the method of funding for the project?

Probably because the work NEEDED to be done regardless of whether a 2/3 vote was obtained .... much cheaper to chip and seal now and repave MUCH later than wait ....

TamH (California)
Posts: 30

Posted:

Again the board issued a ballot. The ballot on the two items the Roads and an Unsecured Loan did not pass, that was certified with the secretary and the next day there was a recount and the Road and Unsecured Loan now had passed. FYI there were several homeowners that were there during the first count that "Did Not Pass" and a mass e-mail of this was sent to those of us who's emails they have from the baords secretary ..

All we are wanting to know is how can this be handled can we get an injunction if at all..and since the ballot did not pass do they have to do it over again?
I do not know much about HOAs neither do some of the people that live in the community that I have talked to.

GlenL (Ohio)
Posts: 5,491

Posted:

I doubt there is little you can do without spending a lot of the money that could have gone towards the road work to fight it and to what end? Every HOA is a little different; does the CC&R's actually require a vote for the BOD to do the things that they have allegedly done? Or does the BOD have the power to enter into contracts for the maintenance and upkeep of the property?

Studies show that 5 out of 4 people have problems with fractions

SusanW1 (Michigan)
Posts: 5,202

Posted:

WHY was there a recount? WHO objected to the validity of the count? Did the board get a motion for the recount? Did the board hold a special meeting for the purpose of recounting?

Once the vote is announced, then it is officially passed, so I am unclear the reason for the recount.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here