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Everything posted by susanwilliams

  1. We would use the money to pay for landscaping expenses therefore reducing our dues for next year by 20%. Our dues have fluctuated based on the proposed budget for each year. We are not tax exempt. Thanks.
  2. I manage a small HOA. We currently have a surplus of $2000 in our bank account that I'd like to use to offset our 2020 HOA dues. There's enough money left to cover our expenses. Are there any tax consequences by doing this?
  3. Thank you PayrollHR Guy and Tax_Counsel for your insight on this. Have a great weekend ;-)
  4. I held a required neighborhood meeting to give notice for a rezone application I submitted to my County Planning Office for a change from Agricultural to Rural Residential. This is pre-requisite to submitting a subdivide application for my land. After the meeting, several of neighbors said they were hiring a lawyer to make me retract that application. They said taxes would increase and we would be annexed into the city. There is no impact on taxes, other than to me if I subdivide and I have confirmed that with the County Assessor. We are 15 miles from the city in the middle of a farming area and the County Planning Office said annexing wouldn't be considered for many many years (we'd have to be right next to the city, all the farms in between us would have to sell their land and it's also 90% voluntary). If the city ever reaches out here, we could be annexed even with an Agriculture zoning because no one in this subdivision farms. I know that anyone can sue for anything but two Public Hearings are being by the Planning Office held to address any questions/issues. If the County rules in my favor approving the rezone, can I still be sued? The Planning office said this is non-impacting to the community and it should have been zoned Rural Residential in the first place. The land was developed 20 years ago and the rules were different at that time. One of the neighbors is running his business out of his residential property and storing moving trucks that come and go all week. That's against County rules and he needs a conditional use permit. We know he doesn't have one. I asked the County and they said this rezone has no impact on him either, even with what he's doing but they can enforce the conditional permit at any time. My neighbor may not be aware of this. Thanks.
  5. Thank you again. I appreciate your quick insightful responses.
  6. Thank you so much. Have a great weekend!
  7. Posting for a friend. Our HOA President got into an argument with a homeowner. She didn't agree with her latest ACC submittal and when the owner was trying to work it out with her, she sent an email saying "I rescind all your ACC Requests". She has submitted 8 of them over the last 2 years, 7 were signed/approved by the Board and they included a House, Barn, Shop, 4 car garage, fencing and livestock building. Can an HOA President do this?
  8. I live in a subdivision of 25 homes on 2 acre parcels. Our lots are sub dividable based on the CCRs and the county supports 1 acre parcels in my area. We are zoned Agriculture but will need to rezone to Rural Residential to go forward with the subdivide application. I have 10 angry neighbors who are telling me all of our property taxes will increase if I proceed. I don't believe this is true and would have thought the County would tell me this before they took my $1000 rezone application. They didn't say anything about it. Not sure if I am in the right part of the forum to ask this. Let me know if it applies and if you have an answer. Thanks!
  9. 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.
  10. What kind of trouble can he stir up?
  11. This is at a different HOA. Not related.
  12. Treasurer/Secretary of their HOA. The other Board Directors sent him the documentation and termination letter letting him know his term is over.
  13. 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.
  14. 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.
  15. 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.
  16. 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.
  17. Thanks everyone, I appreciate all the advice.
  18. $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.
  19. 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.
  20. 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.
  21. 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.
  22. Thank you adjusterjack. Have a good weekend.
  23. 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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