Illegal signatures

Started by JoanneA • 5 replies • 1462 views

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

⚡ Takes 30 seconds

Already a member? Log in

JoanneA (Florida)
Posts: 19

Posted:

Our ARB board consists of 5 members including myself. About a month ago, 3 of the members voted in a change of color for a garage door without calling me and one other member that this meeting was to be held. They approved this color change with only 3 members and have many of the HOA members up in arms. I got a look at the approval form and noticed that the 3 members did not sign their names - the names were printed. One of the members who was supposed to have signed the approval form tells me now that he does not remember signing this document. If this change was approved but was done illegally, can this change be "undone" and the members fined for this? Your comments will be appreciated.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Joanne,

If the member who submitted the request was involved in the approval process and if it was done illegally, then yes it should be undone. However, if the member who submitted the request wasn't involved in the approval process, they should not have to pay the price for the issue. They would have acted on what they believed to be an approval from the Association and should not have to change the color.

The only thing that could be done to the members of the committee would be for the board to remove them (this is based on the expectation that the committee members were appointed and not elected).

Tim

DonnaS (Tennessee)
Posts: 5,671

Posted:

Absolutely it can be undone. Get the entire ARB together in front of the Board. It was not signed and not documented under approved. There was no properly called meeting and you are protesting this approval. That is enough to reverse this and get it corrected. Include the H.O in the meeting as he/she has the right to due process with this.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Joanne,
What authority has the BOD bestowed on the ARB committee? Are there instructions on how their meetings are to be held? Does the committee have the power to direct or should they receive Board approval before action?

I agree with the rest, you need a Showdown Down at the OK Coral. committee meeting before BOD.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Are you allowed to have telephone voting? Perhaps there were verbal OK's. Anyway, this does not seem like an emergency type vote. Plus, wouldn't it have to be ratified at the very next meeting?

Get to the bottom of this. This is a slippery slope.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Susan,

Florida meeting laws do not allow any voting by telephone. The ARB or ARC meetings are required to be open to the members just as the Board meetings are. They MUST be posted 48 hours prior as well. The ARB normally has the voting power to approve or disapprove any applications. Only when the H.O. appeals does this go before the Boards for any change in the approval or disapproval. Just the fact that this issue is being reviewed early is the good thing about the poster knowing that this application was not done correctly and it must be addressed asap.

🎯 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