Question:
Our HOA BOARD FOR ALL PRACTICAL PURPOSES HAS DISSOLVED AND NO LONGER HOLDS MEETINGS. THE SUB-DIVISION DEVELOPER CONTROLS THE HOA’S MONEY, ABOUT $350K, AND SPENDS LITTLE MONEY MAINTAINING THE COMMONS AREA NOR ENFORCING RULES. PRIOR HOA BOARD MEETING HAVE USUALLY ENDED UP AS NOTHING MORE THAN SHOUTING MATCHES BETWEEN THE DEVELOPER AND BOARD MEMBERS AND/OR HOMEOWNERS. WHAT SOULD OR COULD BE DONE?
– Mark
Answer:
Hi Mark,
There are no laws in Kansas that specifically govern when developer control must end. Kindly refer to your governing documents to see if it outlines when developer control should end in your HOA. The governing documents may also include the responsibilities the developer may have during their control over the HOA, such as those involving the maintenance of common areas.
As for holding meetings, according to the Kansas Uniform Common Interest Owners’ Bill of Rights Act Section 58-4612(c), the HOA must hold board meetings twice a year, as stated below:
“(c) Except as provided in subsection (i), during the period of declarant control, the board of directors shall meet at least two times a year. At least one of those meetings must be held at the common interest community or at a place convenient to the community. After termination of the period of declarant control, the board of directors shall meet at least once a year and such meetings must be at the common interest community or at a place convenient to the community unless the unit owners amend the bylaws to vary the location of those meetings.”
You may bring these up with the HOA board. But, bear in mind that Section 58-4612(i) also states the board may act by unanimous consent as documented in a record authenticated by all its members during the developer control period instead of holding meetings.
You may also find this resource helpful:
https://www.hoamanagement.com/
For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
