General questions about running our HOA
Question:
I've made a lot of mistakes in the 70 years that I've been on this earth but none as bad as moving into this sub that we're in now. I only wish my eyes were more opened at the time we looked into this home. Knowing what we now know, we would've walked away from it. Our HOA is so dysfunctional, it's worse that a tree ring circus! Several concerns that I want to ask in hopes that it will make it run a little smoother. But first let me fill in some voids with information about us. We are a small HOA, only 5 homeowners as of now. There are still two lots that need to be sold, these lots are not in his name but are in his sons name, they've been on the market for several years and just aren't selling probably because the developer has them priced double what the market value is. We are located in Michigan, this sub was started in '04. There are numerous other subs in a couple mile radius that are completed or soon to be completed that have a lot more homes than ours. Our developer is a very arrogant person to deal with in that he tries to control everyone like we are his children. Nothing can be done without his consent. He resigned as President a year ago and in the same breath he appointed the VP as President. He's had the position of VP for a few years and his wife was appointed Treasure. When first meeting them, they had nothing good to say about the developer but now they can't/won't make any decisions without first asking for his advice. This usually leads to a lot of nasty disagreements amongst the members. The developer and myself have a oil and water relationship only because I stand up to him when he wants to start getting ridiculous. After our one year anniversary walk thru for warranty issues it hit a boiling point and when he left he went to the local police authority and filed a complaint against me that was filled with false accusations. So now I don't talk with him at all when he comes around.
The by laws that he put in place suit his needs and he violates them regularly but is quick to enforce them when they are not followed by others.
Now to get to the point of our concerns. We should be having our annual meeting in December. Do we have to allow him to sit in on the meeting and vote when he has no ownership of any completed units within our HOA? As I said earlier, the two vacant lots are in his sons name according to the city records. He likes having his attorney with him where ever he goes, do we have to allow his attorney to be in the room as well? Is there a usual and customary time frame for developers to complete subdivisions? With most by laws, I thought there would be a percentage of homes sold before it would move from the developer to the homeowners. If they all have to be sold, he could be a real pain for many years to come as he is not very aggressive in selling the last two vacant lots. One last point I need to make, the city knows this man well and has had quite a few confrontations with him. When he visits the building inspection department, he more often than not has his attorney with him. When they see him walk thru the door, someone alerts the legal department upstairs and one of the city attorneys comes down to ward off any issues that may arise. He's not a well liked person in their opinion! He's quick to let them know that he's ready to sue and has threaten us as well with that word but fortunately it hasn't happened as yet.
Answers (8)
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