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I too will suggest that you find out which state agency has jurisdiction over HOA's and take it up with them. As part of a community that supports their HOA, you have every right to ask questions of the elected officers. If you don't like the reply, then run for office. CC & R's should have the details for all officer elections.
There's a lot to unpack here. I agree with the HOA's preference to stagger its board elections for 2 year terms. That provides continuity.
However, the board violated its own by-laws by engaging in that practice without changing the by-laws. That was the first wrong.
Paying off a homeowner who complained about the board violating its own by-laws was the second. If I was in this neighborhood, I would be looking to clean house of the board that did two things wrong.
Finally, what I really don't get here is why the board's insurance company didn't step up and deal with the lawsuit in arbitration, rather than letting it get to court. Does the board not have insurance?
Using the word "bribe" when you could have said "settlement to pay attorney fees" says a lot about the person reporting the issue.
Sounds like there is a lot wrong going on in this HOA but whether it is intentionally evil or fair-minded dopes is up for discussion, end result is same, bad policy. Probably a bit of both. I'm kinda on the side of the person who pointed out the wrongdoing, having served on HOA boards and seen what goes on. People think they can do anything they want if they get other board members to vote their way, even when it is pointed out that they are violating HOA documents and state law.
No normal person with a life wants to serve on HOA boards so you get the control freaks with personal agendas. Was I one of these? Ha no, just had to get on the board to protect what we owned from misdeeds. Saw there was no end in sight and sold out. Life in a non-HOA is heaven.
No normal person with a life wants to serve on HOA boards so you get the control freaks with personal agendas. Was I one of these? Ha no, just had to get on the board to protect what we owned from misdeeds. Saw there was no end in sight and sold out. Life in a non-HOA is heaven.
Your second reason is the reason I got involved in the HOA board. Having seen the incompetence and how quickly things were turning south, a group of us decided we had to "right the ship" before it sank. Not every HOA board is overly controlling, but from what I'm seeing on this forum, they are far and few between.
MedTran49 gave the best answer under #3. Replace the current group. Also check with state to see if any laws were broken. You could start by asking local police or county prosecutors office where to go or try a Google search of your state.
A couple of replies suggested contacting state authorities to see if laws were broken. Do not bother IMO. In Florida they will tell you to consult a lawyer, they do not consider it a state job to enforce homeowner laws, only state condo laws which are amazingly few. State defers to HOA documents unless they are against the law (the documents that is) meaning discriminating or going against state laws in place.
This is a civil matter that will be played out in courts if necessary. Only lawyers win these battles so if you consult a lawyer be prepared to pay. When the HOA board consults a lawyer they use HOA dues (your money) to fight you. David and Goliath only David rarely wins cuz Goliath has the money.
I would be mad at myself for having bought a home in a community populated and run by a bunch of lying thieves. From my extensive experience, they didn't do anything that homeowners involved in other HOAs don't do regularly.
Bravo, James. That's the heart of the matter. I don't want to pay condo fees, or deal with homeowner's associations. I'll pay to have my yard and snow taken care of, for the privilege of living in my own freestanding home, without having to deal with any of this expensive BS drama.
When HOA don't follow their own covenants, bylaws or rules they can be sued and forced to follow them. In addition, if rules get selectively enforced, they can also be sued among other things like violating due process or not following existing legislation.
You'd be amazed at how apathetic homeowners can end up causing quite a number of expensive problems as boards start doing whatever they feel like.
If you do, in fact, have actual written proof, you have 3 options.
One, file a lawsuit, which you already know is going to end up costing everybody money and you are also effectively suing yourself.
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No you are not "suing yourself". You are suing the HOA corporation which is a completely separate entity from the homeowners and was likely in place before any homeowners purchased property.
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