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Old 07-17-2010, 06:23 AM
 
5 posts, read 22,488 times
Reputation: 18

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Hi,

I'm a member of a townhome community of less that 150 units. Our CCRs clearly state that all members are entitled access to the Board meeting minutes and can request to see other documents like contracts, financial records, etc. The governing documents also say that a process must be in place for owners to acquire these items.

I've made numerous requests for meeting minutes and have been ignored. The Board President is extremely hostile and told me I was disloyal for asking for these items via written letter instead of calling him personally. When I spoke with another Board member about his responsibility to answer my request, the other Board members accused that Director of being disloyal and illegally removed him from the Board. There are clear rules in our governing docs about how a Director may be removed but they ignored these bylaws.

How can you fight a HOA Board that is blatantly ignoring the governing documents and sending Cease & Desist letters to any home owner that dares complain. I believe the Board President is a pyschopath, literally, who is on a momumental ego trip. He has stated that owners have no recourse because the legal system will take too long. And that he can do what he wants.

Any advise?

Last edited by Medinamami; 07-17-2010 at 07:20 AM..
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Old 07-17-2010, 06:50 AM
 
1,547 posts, read 2,174,196 times
Reputation: 1400
Walk up to him and sucker punch him, he'll change his attitude immediately.
Works every time. Funny how old school methods work.
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Old 07-17-2010, 08:47 AM
 
Location: Ayrsley
4,714 posts, read 8,473,392 times
Reputation: 3814
Quote:
Originally Posted by ClevelandMike View Post
Walk up to him and sucker punch him, he'll change his attitude immediately.
Works every time. Funny how old school methods work.
Beat me to it. I was going to suggest just walking up to him and kicking him in the nards.
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Old 07-17-2010, 12:44 PM
 
133 posts, read 288,419 times
Reputation: 110
If you have an attorney friend, ask him/her to send a demand letter to the HOA board requesting to see the documents according to the GS_47F-3-118. If you HOA was formed prior to 1999, you would want to consult with an attorney because some of this statues would not apply to your association, but I would assume that this section would still to all of the HOAs who collect money.
This statue reads:
47F‑3‑118. Association records.
(a) The association shall keep financial records sufficiently detailed to enable the association to comply with this Chapter. All financial and other records, including records of meetings of the association and executive board, shall be made reasonably available for examination by any lot owner and the lot owner's authorized agents as required in the bylaws and Chapter 55A of the General Statutes. If the bylaws do not specify particular records to be maintained, the association shall keep accurate records of all cash receipts and expenditures and all assets and liabilities. In addition to any specific information that is required by the bylaws to be assembled and reported to the lot owners at specified times, the association shall make an annual income and expense statement and balance sheet available to all lot owners at no charge and within 75 days after the close of the fiscal year to which the information relates. Notwithstanding the bylaws, a more extensive compilation, review, or audit of the association's books and records for the current or immediately preceding fiscal year may be required by a vote of the majority of the executive board or by the affirmative vote of a majority of the lot owners present and voting in person or by proxy at any annual meeting or any special meeting duly called for that purpose.
(b) The association, upon written request, shall furnish to a lot owner or the lot owner's authorized agents a statement setting forth the amount of unpaid assessments and other charges against a lot. The statement shall be furnished within 10 business days after receipt of the request and is binding on the association, the executive board, and every lot owner.
(c) In addition to the limitations of Article 8 of Chapter 55A of the General Statutes, no financial payments, including payments made in the form of goods and services, may be made to any officer or member of the association's executive board or to a business, business associate, or relative of an officer or member of the executive board, except as expressly provided for in the bylaws or in payments for services or expenses paid on behalf of the association which are approved in advance by the executive board. (1998‑199, s. 1; 2005‑422, s. 7.)

but I do like the other two suggestions, and then they would have a real reason to send you a cease and desist letter... you can cease and desist from beating my face or crushing my "family jewels." LOL!
Good luck!

Last edited by Mom of 3 girls; 07-17-2010 at 12:46 PM.. Reason: typo
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Old 07-17-2010, 03:13 PM
 
1,226 posts, read 2,054,758 times
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Quote:
Originally Posted by Medinamami View Post
Hi,


I've made numerous requests for meeting minutes and have been ignored. The Board President is extremely hostile and told me I was disloyal for asking for these items via written letter instead of calling him personally.
OMG, you must live in my neighborhood. I'm curious to know about any recourse not involving paying for legal fees.
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Old 07-17-2010, 04:22 PM
 
Location: State of Being
35,885 posts, read 67,141,087 times
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I don't think there is any recourse that doesn't involve an attorney. It seems MED has done the right things to request the documents and that got nowhere.

Although there have been times I have certainly thought taking someone out behind the shed, as it were, would have the most direct method to bringing a situation to a resolution, I believe this guy would just sue, lol.


An attorney is gonna be your only recourse, seems to me.
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Old 07-17-2010, 05:30 PM
 
3,756 posts, read 8,394,392 times
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I belive the Attorney General governs HOA's. If nothing is getting resolved, you may want to contact them. As I mentioned in a DM, you should find out if there is a recall provision in your HOA. Many times, attorney's do not want to get involved in suing HOA's because of the cost. In some cases, a few neighbors get together and can seek legal advice of the attorney. I would make sure the attorney has experience with HOA's. The best thing to do is to look at your rules and regulations. You have a right to examine records. If you put anything in writing, I would send it certified mail/return receipt.
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Old 07-17-2010, 05:43 PM
 
Location: State of Being
35,885 posts, read 67,141,087 times
Reputation: 22373
Quote:
Originally Posted by BLUEDIAMOND64 View Post
I belive the Attorney General governs HOA's. If nothing is getting resolved, you may want to contact them. As I mentioned in a DM, you should find out if there is a recall provision in your HOA. Many times, attorney's do not want to get involved in suing HOA's because of the cost. In some cases, a few neighbors get together and can seek legal advice of the attorney. I would make sure the attorney has experience with HOA's. The best thing to do is to look at your rules and regulations. You have a right to examine records. If you put anything in writing, I would send it certified mail/return receipt.
Good advice - and probably the only way to at least try to get resolution without incurring attorney fees.
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Old 07-18-2010, 04:42 AM
 
3,756 posts, read 8,394,392 times
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Quote:
Originally Posted by anifani821 View Post
Good advice - and probably the only way to at least try to get resolution without incurring attorney fees.

Thank you anifan, from watching on the sidelines here in the Northeast, issues involving HOA's get very costly and lengthly. One HOA who was having issues with their President, conducted a recall and was able to remove the board member and their reasonining was "lack of confidence". However, I personally feel unless you have the masses behind you, it is very frustrating because sometimes the BOD can be vindictive. Best of luck, and I hope you can resolve the issues without any litigation. Also, see what your by laws call for regardiing the membership calling a special meeting. Maybe this can be resolved favorable to all.
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Old 07-18-2010, 10:53 AM
 
Location: State of Being
35,885 posts, read 67,141,087 times
Reputation: 22373
Quote:
Originally Posted by BLUEDIAMOND64 View Post
Thank you anifan, from watching on the sidelines here in the Northeast, issues involving HOA's get very costly and lengthly. One HOA who was having issues with their President, conducted a recall and was able to remove the board member and their reasonining was "lack of confidence". However, I personally feel unless you have the masses behind you, it is very frustrating because sometimes the BOD can be vindictive. Best of luck, and I hope you can resolve the issues without any litigation. Also, see what your by laws call for regardiing the membership calling a special meeting. Maybe this can be resolved favorable to all.
I hope they can resolve it, too. And I also agree - the BOD can be vindictive. Have witnessed it several times over the years.
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