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
