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susanwilliams

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  1. 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.
  2. 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.
  3. 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!
  4. 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    My mother has serious health problems and her will is very outdated.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.
  5. susanwilliams

    Request for a special meeting

    Thanks pg1067. Have a great weekend!
  6. 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.
  7. susanwilliams

    Removing or modifying Bylaws

    Thanks pg1067, "He" is the third Board director.
  8. 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.
  9. 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.
  10. 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.
  11. susanwilliams

    Changes to HOA documents

    We are considering changes to our HOA documents. Should decisions on entering into higher cost contracts (i.e. requiring a community vote and a certain percentage to allow the Board to commit to them) and caps on annual dues increases (unless there's a homeowner vote for an increase about the capped amount) belong in the CC&Rs or in the bylaws? Thanks.
  12. susanwilliams

    Legal Conflict of Interest related to HOA

    Thank you RetiredinVA.
  13. susanwilliams

    Legal Conflict of Interest related to HOA

    Thank you so much! Yes, it's related to the same situation.
  14. susanwilliams

    Legal Conflict of Interest related to HOA

    I just found out that the Architectural Committee was involved in this dispute as well as one of the Board Directors. A letter was given to the Director from the neighbor who owns the fence asking the Board to intervene. That Director said it was a neighbor to neighbor issue and didn't discuss it with the other Directors. The Architectural Committee approved a fencing plan from the neighbor who wants the fence moved and wrote on his plan "Please do not remove your neighbor's fence". Does this mean the HOA is a party in the dispute? If they are, what should be done with respect to the lawyer involvement. Thank you!
  15. susanwilliams

    Legal Conflict of Interest related to HOA

    Our HOA retained a law form to represent us. Our Board Directors became aware (through a neighbor) of a fencing dispute. One homeowner had a lawyer send their neighbor a letter due to the fence being installed over the property line asking them to move it. The owner with the fence retained our HOA lawyer to represent them and they have responded to the letter. The HOA Board Directors have not received anything from our law firm on this topic. Is this a conflict of interest? Can our law firm represent a neighbor against another neighbor (it is the same lawyer at the firm that we use)? Thanks.
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