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susanwilliams

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  1. susanwilliams

    Mowing

    The CCRs refer to "common areas as defined in the plat map". There is no other definition. There are two white vinyl fenced areas with benches and two berms that are in the front entry points. The general contractor, who went bankrupt, told us that he had intentions of making those areas formal on the plat but never followed through.
  2. susanwilliams

    Mowing

    The CCRs say common areas per the plat are to be maintained but there are none on the plat map.
  3. susanwilliams

    Mowing

    The General Contractor who built our development referred to 4 areas of land that were to be "common areas" in the CC&Rs. However he went bankrupt and left before this land could be legally made part of the HOA's legal responsibility. The land is owned by individual homeowners. Our HOA Board is charging us huge fees to mow the 4 areas that total approximately 2 acres of land. Several of us would like to opt out of paying for this cost in our yearly dues since it's private land and the HOA doesn't take care of mowing our lawns. Should we be paying for this if the homeowners won't relinquish their land to the HOA legally? Thanks.
  4. susanwilliams

    POA

    Thanks everyone, I appreciate the knowledgeable advice!
  5. susanwilliams

    POA

    I travel frequently and wanted to make sure my concerns are heard when it comes to our HOA meetings. I have given my fiance' (who is not on my title) my Power of Attorney. I told our HOA President he would attend meetings on my behalf and provided the POA via email. The President said he can't because he isn't on the title. Wouldn't a Power of Attorney allow him to represent me on HOA matters? Our CCRs say nothing to prohibit it. Thanks.
  6. susanwilliams

    HOA Board Changes

    Thanks for the reply. One of the ways to remove to Board Director per the Bylaws (this person attends the Board Meetings, is a current member of the association and has no conflicts of interest) is a 3/4 affirmative vote of the remaining Directors. However, the Bylaws state that our Board consists of three (3) Directors. If two Directors vote to remove that's not a 3/4 affirmative vote. A Property Mgmt company, who is now been terminated, wrote them and an incompetent Board existed at the time who approved them. There is nothing that says positions can't be reassigned though. The only other way to remove is by a majority vote of the homeowners. Many refuse to show up at meetings and participate. This Board Director has a small group of owners/friends who will show up, meet quorum and keep him on the Board, even though he contributes nothing to the HOA.
  7. susanwilliams

    HOA Board Changes

    The Secretary/Treasurer of our HOA Board doesn't do any financial work or invoicing for our HOA. He ignores emails requiring his input for HOA business and only shows up at meetings to tell others what he wants them to do. The two other Board Directors are fed up with him and have asked for his resignation but he won't go. The President of the HOA is doing all of his duties. Can the President reassign job responsibilities? He wants the Secretary/Treasurer position, since he does all the work. The other Director wants the President position and the current Sec/Treasure could be the VP. If two of the three Directors want this to happen, can it be done? There is nothing in the bylaws or CCRs that says it can't. Thanks.
  8. susanwilliams

    Create a Trust?

    Her will was created 30 years ago. She listed her husband as her beneficiary and he is now deceased. Thanks for the advice!
  9. susanwilliams

    Create a Trust?

    My mother has serious health problems and her will is very outdated. She has asked me to help get her affairs in order over the next few months. Due to creditor problems I am experiencing, I don't want to receive anything from her estate directly. I want her to set up a trust or something you can recommend, for my children to fund their education. I can be the executor since they are all under 18 years old. What is the best way and preferably a simple way to make this happen? Thanks.
  10. susanwilliams

    Request for a special meeting

    Thanks pg1067. Have a great weekend!
  11. susanwilliams

    Request for a special meeting

    We want to move a Board Director and will be requesting a special meeting per: IDAHO NONPROFIT CORPORATION ACT: 30-30-502 Special meetings -(1) A corporation with members shall hold a special meeting of members. (b) Except as provided in the articles or bylaws of a religious corporation if the holders of at least ten percent (10%) of the voting power of any corporation sign, date and deliver to any corporate officer one (1) or more written demands for the meeting describing the purpose or purposes for which it is to be held. 30-30-608. Removal of directors elected by members or directors. (1) The members may remove one (1) or more directors elected by them without cause. (5) A director elected by members may be removed by the members only at a meeting called for the purpose of removing the director at the meeting notice must state that the purpose or one (1) of the purposes, of the meeting is removal of the director. (7) An entire board of directors may be removed under subsections (1) through (5) of this section. We need 7 signatures to request the meeting per our bylaws. We need one more signature and one of our Board Directors would like to sign the request. Can he do this without it being a conflict of interest? Nothing in the bylaws says he can't. Thanks.
  12. susanwilliams

    Removing or modifying Bylaws

    Thanks pg1067, "He" is the third Board director.
  13. susanwilliams

    Removing or modifying Bylaws

    Our HOA requested a special meeting to remove Board Directors who hired a property management company and increased our regular operating costs by over 400%. The special meeting was held and enough homeowners voted to remove the majority of the Board Directors. At the meeting, we were handed new bylaws by the property management company (we previously did not have any) that make it difficult to change our CCRs or Bylaws. Per the new bylaws, we now require 26 out of 40 homeowners to pass a vote on anything. There are 15 homeowners who want property management and no CCR or bylaw changes. Our CCRs say that 21 owners is majority for a vote to pass. My questions are: 1) How can we change or remove these bylaws since they were inflicted on us with no review or input? 2) The bylaws were signed after we submitted the request to remove Board Directors. Is it acceptable for a Board who knows they could be removed to put bylaws in place without the homeowner's knowledge? 3) At the time the bylaws were signed, there were only 2 Board Directors (there is a requirement to have 3 to operate legally) and a 3rd had resigned prior to the meeting. The Property Management Company said he was "aware" of and reviewed the Bylaws. He did not sign them. Are they still valid? Thanks.
  14. susanwilliams

    Legal Conflict of Interest related to HOA

    Correct, I was asked to post this by one of the parties involved who is handicapped and does not have the ability to post here.
  15. susanwilliams

    Legal Conflict of Interest related to HOA

    We don't trust this attorney based on what he has done in the past. There was been some unethical behavior and the Board is terminating his services this week. It's not my fence but I live next door to the neighbor with the fence. Thank you.
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