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Bylaw interpretation and meeting rules slow down repairs for HOA

  
  
  
  
  

My HOA is from the 70's and our bylaws are 18 pages long and not that hard to understand.  In 1996 these documents were interpreted by the same attorney we have today. The documents and the interpretation both say that the association is responsible for painting our units.

Because we have not painted in 13 years, some damage has occurred. Some owners do not want to pay for repairing their property and the board tried to pass new bylaws which would make the association responsible. I stopped them with a legal required vote and the board passed the proposal anyway. I forced them to restore the old bylaws out of court. They state that they had the required votes to this day, but I have copies that prove otherwise. I have obtained and read many records and board minutes and have been able to figure out what is going on.

There is a contractor/owner and his wife who is a board member who want new siding and likely the project manager fees. They obtained a contract for a clubhouse renovation project without a valid quorum or majority vote. The president will not let me make a motion even in an annual meeting. They will not allow me to bring up business and told me there is no new business in an annual meeting. When I tried to make a motion during the question and answer period, I obtained a second for my motion only to be cut off.

Our bylaws state that we are to use robert's rules to govern the meetings. They also said that they are responsible for painting but not required to paint. They say that there is too much rotten wood to paint. Our bylaws state that the HOA can force the owner to make repairs but they wont do it. The board wants new siding and will continue to try and pass new bylaws until they get them. There is no reasoning with them. There is no way for me to address the illegal quorum. No way to be allowed to prove what they did with the erroneous bylaw certification even though I have the very documents to prove what happened. what can i do to get them to paint? They have the money.

What can I do to get them to follow Roberts rules?  I cannot afford $300.00 an hour for an attorney. I have paralegal skills and I am familiar with the court system. I have the documents I need but do not know exactly what to do. any help is appreciated. I've come a long way with little bits help from many sources but this is still hard when I am virtually alone. mike - Atlanta, Ga

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Comments

If the board uses Roberts Rules you need to make them aware that under those guidlines a board meeting is a deliberative assembly. That means that every item raised during a meeting is open for sdiscussion by the assembvly (attendees) and that when required a majority vote of the assembly decides the issue. This "deliberatyin includes adoption of the minutes of the oprior meeting and even requires the assembly to vote to adopt an agenda for the meeting. While the Board or management may offer a proposed agenda it still must allow for deliberative duiscussin and for adoption a majority vote shall be required. The Board or its Chair may not refuse you yopur right to offer a motion and upon having it seconded to permit discussion on that motion. The board jmust allow a vote and if your motion is approved they must implement it. 
 
Outside siding of a building is normnally considered as a common element of the building. As such all maintenance and painting is a responsibility of the association. Painting within the walls of a unit is a responsibility of the unit owner exclusively.
Posted @ Wednesday, December 15, 2010 9:25 AM by Charles Adler
I would like to clarify what Charles has said regarding RRO. That would only apply to the annual meeting which is a meeting of the members. It does not apply to a board meeting. And, even at the annual meeting the members present can only discuss issues that the members have the authority to vote on. So if your motion pertains to an action that the board can act upon w/o a vote of the members then that motion is invalid and can be disallowed.  
 
If there is no state agency charged with the resp of overseeing HOAs then you would have no recourse but to bring suit against the BOD in a court of law, that is if they have in fact violated the gov docs and/or state law or you can prove they have violated their fiduciary resp to the assn. Of course this would be a big expense on your part and you are not guarantaneed a win. That would be your only recourse if you cannot gather support of your fellow assn members. Too many assn's are populated with apathetic members who could care less how the board operates, that is until they are treated unfairly or a board action hits them in the pocketbook! Sorry!
Posted @ Wednesday, December 15, 2010 9:56 AM by mary
The property is described as an HOA. The first issue is - condo or HOA?  
Some HOA documents were written with the possible assistance by the association for items like community painting.  
If a condo, the obligation for exterior maintenance is normally found in the legal documents. The small size of your documents may mean that some important items were not addressed. The State law also may address this. However, some sections of some legislation does not apply to condos that pre-existed the Act or its amendments. Most document revisions require consent of the mortgage holders as well as the owners AND in many instances the mortgage holder can control the vote of the individual owner.  
 
This same issue affects such items as amending documents as to the applicability of certain sections of State legislation. It does sound like the condo might benefit from a well-written redo of your docs. This should only be undertaken with guidance of legal counsel or specialists working with the legal counsel.  
Roberts Rules for condos and HOAs are usually considered by the State as a guide to conduct of a meeting and are a good resource. In all instances of residential associations, including Florida, there is a specific difference between a "meeting of members" and a "board meeting." At the Annual Meeting (of members), most state legislation provides for any member to bring before the assembly any item of concern to the owners.  
Some state legislation states that those responsibilities delegated to the directors may not be voted on by the members. Documents addressing the Annual Meeting often state that the members may only consider and vote on those items specifically requiring member vote. HOAs and condos are not governments by law; they are a form of home ownership in which members voluntarily submit certain rights to the decision of the directors. The directors' responsibilities are defined by the documents and by many Federal, State, and local laws. Directors may not undertake actions that are not authorized - such as adopt parking rules unless specified, limiting children's access to recreational facilities in conflict with Federal rights for families with children. If fines are not authorized, a board may not adopt a fine schedule and add unpaid fines to assessment collection.  
 
The items described in the original statement unfortunately may require an owner to seek legal counsel and perhaps file litigation. Check to see if the State provides any enforcement assistance.  
 
 
 
Posted @ Wednesday, December 15, 2010 10:22 AM by Nancy Jacobsen
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