Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Wow- I guess people really do get wound up about POAs/HOAs. Personally, I like that there are standards in place to help to keep my property values from tanking anymore than they already are doing in this economy.
...but I digress......
To the OP - look for a lawyer that specializes in contract law. Secret meetings and sudden rewrites to by-laws sounds to me like you may have a cause of action against the board (but probably not against the members individually unless you can prove malfeasance).
As for some homeowners not being included in the HOA, thats pretty unlikely. Normal procedure would have HOA compliance incorporated into the closing documents language when a parcel is purchased. Not being supplied with a copy of the by-laws would not normally void that obligation.
There are of course always exceptions to every rule. Until you find an attorney, the least expensive strategy I can suggest is first putting a "shot across the bow" by sending a certified signature return letter to all the board members demanding that the "secret vote" be nullified and a new vote be scheduled with notice of the date, time and location to be provided to all home owners. Advise that if this is not done, you will have no choice but to initiate litigation against the board of directors, singularly and as a group entity seeking their removal and an award for any compensation that could be due to you under the law. I can assure you that this will definately get their attention. If they seek legal council, (which would be the brightest and most logical step after recieving a letter like this) they will probably be advised to comply rather than litigate as it could be very expense for them if they lose.
Just an thought for you.....
Oh and.....for the record......
I AM NOT AN ATTORNEY and nothing I've said here should be interpreted as legal advise. Please note that my first suggestion is to seek legal council and that is still my strongest suggestion.