Request help regarding HOA Board corrupt procedures for common area (rentals, condos)

[tboyz123]

HOA at my condo is corrupt in their procedures so I need your help please.

If a community vote was made on an issue of common area interest (such as jaccuzzi) and decision is made, my understanding is that the HOA Board is legally required to disseminate the rules (or rule changes) to all residents. In the past the Board has mailed out to all residents the rule sheets.

If, at a later date, an amendment or clause is added to the rules which changes the dynamic, is the HOA Board then required to disseminate the "new" rules to notify the condo residents?

I ask because I believe that a sneaky move was made by the HOA Board where they now have conflicting language in the rules pertaining to a specific issue (such as common area interest). This conflicting interest, by way of example ("Residents can do Action A", but then later amended to state "Residents can do Action A, with exceptions of the following..." opens up the HOA Board to a law suit, does it not?
If somebody who knows about this matter can help, it would be great. Thank you!

[cully]

So they amended the rules but forgot to note it everyplace in the docs?

[ferretkona]

HOA's are hell. I have stories. Best to leave soon as you will never win with them.

[tboyz123]

Originally Posted by cully

So they amended the rules but forgot to note it everyplace in the docs?

No, no amendment to the rules was made, as this process is subject to the process as described in the By-laws (adoption, allowing for all residents to discuss for amendment, then publication through U.S. snail mail to all the residents of any changes in the rules).

What I am saying is, after the Rules were adopted, exceptions and special treatment was handed to certain residents. Which is NOT consistent with the original Rules as adopted.

Therefore is this opening up the HOA to a lawsuit? I do not know as I'm pretty new to this but any stories would help.. Thanks in advance to all.

[cully]

I wonder if it would be a who's on first sort of thing. One place in the bylaws said this. No, this other place said the other thing. No, the first place said it's okay. No, the other place said it's not. No, the first place said it's okay. Back and forth.

You might go by what was made public and then spread the word that something else was allowed instead. Was that person a friend of the board? That happens.

[tboyz123]

Originally Posted by cully

You might go by what was made public and then spread the word that something else was allowed instead. Was that person a friend of the board? That happens.

Funny you mentioned this point, because our condo complex has an official Internet forum / discussion thing, spread through emails. This huge incident occured that ultimately got a board member expunged . . . because his ego-maniac and contradicting was exposed for trying to cover up inappropriate messages he sent in private emails to residents.

Then he made matters worse by hacking into the email data-base, and manipulating it, so that only certain members who read the official emails. In other words he was leaving out people here, but putting them else where, and such to manipulate the conversations. Is this opening up the Board to a law-suit? I think this action he did violates conditions in the Fair Housing Act (i mean, the serious State/Federal Law guidelines that over-ride anything in the CC&Rs or By-law documents). A land lord of any kind cannot discriminate in such a manner. Isn't that right?

[cully]

Is hacking an offense you can go after?

Are you saying a board member was deleted from the residents' forum? Unfriended by the residents? Or, since it's official, did the board cut this board member off?

Then he hacked the data-base.

Look up the Fair Housing Act and see if he did anything against that. Hacking, manipulating and leaving people out is not part of the Fair House Act...at least not yet as far as I know. Unless maybe one could say he was prejudicial against a certain group....but how does the online forum deal with housing?

What would be worthy of investigation is how much info this board member has now on residents? Does he have private info he can use in harmful ways? Since he is hacking he should not be on the board; if there is any private info he has access to (and actually aside from hacking he could get info on file in the hoa records of residents) it may come to the point where he should have any keys taken from him and an official letter in an envelope (no flyer) should go out to residents apologizing to and warning residents.

[JGC97]

Originally Posted by tboyz123

HOA at my condo is corrupt in their procedures so I need your help please.



If, at a later date, an amendment or clause is added to the rules which changes the dynamic, is the HOA Board then required to disseminate the "new" rules to notify the condo residents?

Yes. They are required to notify all owners of properties of any CC&R changes, amendments, or additions.

Originally Posted by tboyz123

No, no amendment to the rules was made, as this process is subject to the process as described in the By-laws (adoption, allowing for all residents to discuss for amendment, then publication through U.S. snail mail to all the residents of any changes in the rules).

What I am saying is, after the Rules were adopted, exceptions and special treatment was handed to certain residents. Which is NOT consistent with the original Rules as adopted.

Therefore is this opening up the HOA to a lawsuit? I do not know as I'm pretty new to this but any stories would help.. Thanks in advance to all.

Yes. The HOA can be sued for adding anything to the CC&R's without a vote by property owners.

Originally Posted by tboyz123

Funny you mentioned this point, because our condo complex has an official Internet forum / discussion thing, spread through emails. This huge incident occured that ultimately got a board member expunged . . . because his ego-maniac and contradicting was exposed for trying to cover up inappropriate messages he sent in private emails to residents.

Then he made matters worse by hacking into the email data-base, and manipulating it, so that only certain members who read the official emails. In other words he was leaving out people here, but putting them else where, and such to manipulate the conversations. Is this opening up the Board to a law-suit? I think this action he did violates conditions in the Fair Housing Act (i mean, the serious State/Federal Law guidelines that over-ride anything in the CC&Rs or By-law documents). A land lord of any kind cannot discriminate in such a manner. Isn't that right?

This sounds like a violation and should be reported to the Department of Fair Housing for investigation. There are good HOA's and bad ones. Unfortunately, when regular citizens become board members, their ego goes through the roof.

I lived in one such complex. The previous president decided to interpret the maintenance and repair obligations differently than what was actually written in the bylaws. It created a huge uproar and ended up with some lawsuits against the HOA. The story is so long and complicated but, in the end, the president was voted out and there is now a new group on the Board, having to clean up the mess left by the previous person.

One way to stay informed of what's going on is for all owners (and renters) to attend monthly (or whenever scheduled) meetings to know what's being planned or suggested. Too often, owners don't attend. They buy condos for rentals then you hardly hear from them again. But when problems arise, they are screaming about it. If they had attended the meetings, they would know what's going on.

It might be in your best interest to speak with other residents in your complex. Not that it will garner any support but you never know. Board members don't really like it when a coalition of owners join forces. They like to divide and conquer.