Posted:
Maureen,
Well, I'm confused, your president is the developer, you have a M/C that is paid by the developer, I am assuming you have over 25% of your units sold, the president appointed two other people that don't attend meetings, the president don't attend, the M/C runs the meetings that don't have quorum, and somehwere in all this the president appointed you and another owner to be board members and you and this other person was elected by someone to be on the board that don't hold meetings.
Maureen, how would you answer a post like that?
First: When were you elcted to the board and by whom? Did you have a meeting to do this. Have you EVER had a legal meeting?
Tell us how old your association is, and when is turnover by developer.
I would have to say it appears developer is in charge, you and your other elected/appointed Board member are nothing except two people, maybe, that have been duped into having their names used. Why? I have no idea, the developer has control apparently, are other owners concerned? Have the owners approached the developer outside the Board? Have other owners asked you as an elected representative to provide them with answers?
The above are my thoughts to see if I can help.
I can't see anything that is solid enough to hang a hat on. Go back to your documents and understand what they say, if there is anything there that actually enpowers any owner, tell us about it. I doubt you will find it and any influence you and your other elected member serve in a advisory capacity only. If there is something in you documents that directs the developer to run the association and perform certain actions, what are they?
I expect you and your fellow owners are members of HomeOwner Association Realities 101, and you all will have to attend class and learn your documents. Then you may likely find out you all have no power to effect change until your development is under owner control. What you all do at this point depends on your relationship with the developer and how much influence you have on him. Maybe he is running the association as well as he can, do you know that? You and your fellow owners are a member of an association (group), you can't opt out, you have to fix the problem if you believe you have one collectively. Have the owners had a meeting outside the official meetings, if there was indeed a legal meeting. The owners cn get together as a group, there is nothing wrong with that, you all need to find out, where you all stand and how you all expect to operate as a association.
Read over what I have written, take anything that seems to help, but know what your documents say and mean. Don't do it alone, get as many owners involved as possible and go see this developer and have a sit down to establish what he is doing, what you all expect and how you all can work together to a common goal. It won't take long before it becomes apparent that you do or you don't have a situation you can live with or not. Or not, take on the developer outside the documents. Best of both worlds, work together to make your association better. That is your only concern, nothing else bbut to make your association better than what it is, no personal agenda, no get the pool open and all will be well, Make you association better.