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susanwilliams

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  1. Posting for a friend for a different HOA than mine. Three Board Directors are elected at an annual meeting where no bylaws exist. They are elected on an agreed upon (during the meeting) one year term for all. 6 months later, bylaws are put into place that state Board Directors have staggered terms (3, 2, 1 years) but for no specific position, Directors can decide who has what term. Do the three Board Directors who were elected prior to the Bylaws being put into place still need to leave at the end of their one year term? Or, can they decide which positions have the 3,2,1 terms in the new bylaws and adapt the term end dates to that timing? The bylaws say nothing about Board Director terms in the past and adapting them to the new terms. Thanks.
  2. What kind of trouble can he stir up?
  3. This is at a different HOA. Not related.
  4. Treasurer/Secretary of their HOA. The other Board Directors sent him the documentation and termination letter letting him know his term is over.
  5. lol @pg1067 that's the best answer ever! This guy is always threatening to sue people. I didn't think he could stir up much trouble. Thanks.
  6. Posting for a friend, a Treasurer/Secretary's term is up, per the Bylaws. However, he does not want to leave his position. He insists that the President, who resigned recently, gave him a 2 year term and he's only served one. He was appointed to a vacant position and served the remainder of that term per the Bylaws. How can they make him leave? They've provided all the documentation proving it and delivered written termination notice. He is the only Director with access to the bank account and refuses to change ownership to the other Directors. Thanks.
  7. I am the President of my condo's HOA. My Mother, who lives with me and co-owns my condo, is being considered by appointment to be the Treasurer of the HOA. The current Treasurer is stepping down due to his term being up. Our bylaws and CCRs do not say that two owners in one household can't be Board Directors. However, my neighbor said he thinks this is a conflict of interest since we live together and both own the same real estate. I and the other Board Director want my Mother in the position because she is a retired Accountant and is very qualified for the job. She also has a lot of free time so she is eager to fulfill the responsibilities needed. We must have 3 Directors to operate. Our governing documents allow us to appoint in this situation, no election is required. Is there anything we should be concerned with by making this appointment? Thanks.
  8. When I closed on my house, the HOA charged me a $150 setup fee. This is not documented anywhere in the CCRs as a requirement and I recently found out that others who bought properties under the same HOA Board Leadership were not charged this fee. Can an HOA Board charge a fee randomly to whoever they choose that purchases a home in their community? There are some shady ATM transactions associated with this HOA Board as well (found out via a records request through my lawyer). Thanks.
  9. Thanks everyone, I appreciate all the advice.
  10. $25k a year (incoming HOA dues) but I think there is currently around $40k in the bank account. No full account has been done recently.
  11. We speculate she was hoping a homeowner wouldn't volunteer for the President position and she was hoping Property Management would be hired. She is making his work difficult in order to get him to resign so she can continue with her own agenda. Her excuses are: "There are piles of paper and I haven't organized them yet", "It will be difficult for me to carry them to to the meeting", "I need time to organize and sort them", "I don't think I can find what you need". We are aware the previous President was meticulous and the records were in good order, sorted in sub-folders and easy to sort through. We saw her pull info from her files 6 months ago and witnessed the organization she had put into place. It took her seconds to find whatever was requested.
  12. The basis is that many homeowners are out of compliance on ACC related issues. Our CCRs state that any homeowner can enforce CCRs on another owner and several have threatened lawsuits. He needs to determine who is out of compliance and why. The Secretary has all the ACC records. Since he is President, doesn't he have the right to access the records? Thanks.
  13. My husband recently was elected HOA President. He wants to review neighborhood records and has asked the former president for them (she used to keep all records at her home). She said the records were given to the Secretary of the Board and that's where they belong. He asked the Secretary and she refuses to give him any access to them. How should he demand the records? He was legally elected with more than half the neighborhood's votes. Thanks.
  14. Thank you adjusterjack. Have a good weekend.
  15. Hi, we have an upcoming HOA Board Meeting scheduled where my husband (recently got married so he's not on the title now) wants to run for an open Director position. Our Board President says he can run as long as she receives a copy of our Title (with his name on it) before the meeting. We have created a Quit Claim Deed to add him (per our Mortgage Company's instructions) and have notarized and filed it with the County. She says this isn't good enough and is insisting on a copy of the title. Legally, does the Quit Claim Deed satisfy the ownership requirement to run for an HOA Board position? Our CCRs say you must be an owner. Thanks.
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