Question:
Our HOA had a meeting to pass a special assessment fee for road repairs in our neighborhood. They met quorum of 1/3 of the homeowners present but did not have 51% yes votes. They voted to just blow off that rule and vote anyway. Then, they decided to do just yea/nay instead of written ballots. Since there were more yeas, the nay voters just did not speak because they were outvoted and assumed it would not help. They still did not have 51% of the homes represented to say yes, so some neighbors argued they did this against our bylaws by going around the 51%. So, they decided to just go door to door to gather the rest of the votes. They are posting on our HOA Facebook page for homeowners that are going to vote yes to let them know so it will make it easier for them going door to door so they get the votes they want. Therefore, the proxy that I sent in (due to not being able to go to the meeting due to surgery that day) was not even counted and they won’t dare come to my house because they know I am a no vote. Is that even legal?
– Marti
Answer:
Hi Marti,
The HOA governing documents may indicate how voting should be conducted. If the HOA did not follow the proper procedure outlined in the governing documents, the final vote for the special assessment is invalid.
Moreover, the governing documents will indicate what a majority vote means. They will indicate whether 51% of votes should represent only the homeowners present at the meeting or 51% of all homeowners in the community. Depending on this, your HOA may or may not be allowed to proceed with the special assessment. We recommend reviewing your HOA’s governing documents carefully to understand whether they can or cannot levy the special assessment.
If you would like to seek legal counsel, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
