The thought may be wait and organize and then put a petition in May so that the quorum is just full time residents ..Something worth the discussion??
INTERESTING ARTICLE FOR ALL TO READ
Question: I live in a community with a homeowner's association that is experiencing a runaway HOA board of directors, that has been inconsistent in equally applying the rules to the homeowners. They also interpret the rules according to their own reasoning, rather than how the rules and covenants are written.
Please advise me as to the best course of action to stop the board's actions in the short term. I realize that voting others onto the board is an option, yet elections are held annually for a three-year term. Can the board members be sued individually or collectively if they do not abide by the rules and covenants, and apply them equally to all owners?
Answer: There's no question that the absolutely quickest way to deal with a runaway board is to recall them and install a new board of directors.
Any or all members of a board may be recalled by a majority of the voting interests at any time, for any reason. -
Any or all members of a board may be recalled by a majority of the voting interests at any time, for any reason. -
you can simply serve an agreement in writing, or a ballot, on the association, and they then have five days to hold a board meeting and recognize the recall.
The recall agreement must list the replacement slate of directors, and if the recall isn't certified by the board, it gets arbitrated. That is the biggest hammer that the law gives owners when dealing with board members that do not represent the interests of the association.
Organize your neighbors, collect signatures, and replace the board.
Organize your neighbors, collect signatures, and replace the board.
Now, you raise the issue of the prohibitive three-year term, and that can certainly be a barrier for some people. But frankly, any director may resign from the board at any time, and the board can then appoint a replacement director (unless a different process is specified in the bylaws). So, even though board members are technically committing themselves to a three-year term of service, the practical reality is board members resign for varying reasons on a regular basis.
Changing the term of office would require amending your bylaws, which can also be done, but probably requires a unit-owner vote.
Changing the term of office would require amending your bylaws, which can also be done, but probably requires a unit-owner vote.
