[Charles Wright]

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KAK8190, If the majority of homes are private owners, Draft a notice explaining the wrongs that are occurring and distribute them to each homeowner. I have never seen an owner happy about an increase, you’ll find a bunch of people willing to toss those members out, but you need to have others ready to step in.

[Charles Wright]

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Some states like Florida, have an office that regulates HOA’s. They handle election issues, check to see who in your state regulates HOAs.

[Charles Wright]

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The Board member also committed a crime, filing a false felony police report is a crime. If they accused you of pointing a firearm at them, that would have been a felony, so make a complaint with the PD and prosecute the Board member. The possibility of a lawsuit for harassment is also possible.

[Charles Wright]

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It may not be the HOA refusing to allow the fencing, it may be a County, or local code. Im my area, I have to have an 8 foot setback from the front corner of the home where the electric box is installed, and in the rear, because I live on a corner lot, I cannot extend a fence to the sidewalk, I can only go past the corner of the house 15 feet, and no fence past the front of the house on the opposite side of the setback. This is by County rule, not the HOA.

[Charles Wright]

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You have the right to contact members of the Board to address any violations sent to you. Many owners do not understand that they have not only the right to do this, but the obligation to make sure the Board is enforcing violations correctly. The worse thing an owner can do, is ignore the notices. After a number of notices because the issue isn’t resolved, can incur fines. You do not want that to happen. As mentioned above, obtain a complete set of your documents and study the violations listed. You may be surprised at what the Board may consider as a violation, and again, contact the Board and have them explain why a violation was sent and if warranted, what is the solution to close the violation.

[Charles Wright]

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Contact a representative of the program and inform them that the HOA and the attorney are discussing what to do with the excessive payments. Ask that they look into it and make any corrections necessary. Any overpayments should be a credit on the owners ledgers balance, or refunded to the payer.

[Charles Wright]

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Check your state statutes that regulate HOA’s, they may require an election each year or spell out terms for sitting members.

[Charles Wright]

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Boards that act callously on violations, enforcing some-ignoring others, are putting the HOA docs and the community, up for serious issues in the near future. By failure to address violations at the present time, the Board is setting themselves in a position that could possibly negate any future violation penalties, if owners can prove to a court that violations were being ignored.

[Charles Wright]

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The HOA has a responsibility to keep residents safe within the community. A dog that has bitten someone creates a nuisance and shows aggressiveness. If it happens again, it could be more severe or even fatal and put the HOA at risk for a lawsuit for not acting on the previous attack. All documents prohibit nuisances, and most include actions for dog or pet issues.
Our documents allow for the Board to have owners remove dangerous pets from the community that have attacked or bitten people. This was used once removing two pit bulls that had attacked a resident

[Charles Wright]

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The person that had the highest total of votes, should have been placed on the Board that evening unless it presented an even number of Board members, and the rest of the positions determined after another vote. The State does look into election improprieties, you might want to seek their advice, however the fact remains that another vote process is necessary for the other positions.

[Charles Wright]

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NEVER, EVER withhold dues. You will only cause severe problems to yourself in the long run. Good advice from post above.

Homeowners have options when the Board fails to do their fiduciary duty or neglects the provisions of your CCR’s.
1: Provide in writing to the Board, your concerns that they are not acting properly as the documents require
2: Go to a Board meeting with other owners and during owner participation, let the Board know of your concerns and ask why the document provisions are not being adhered to.
3: If ignored, in Florida, you must file for a non binding arbitration to discuss in front of court appointed arbitrator your concerns, before legal action is taken
4: If the arbitration fails to produce a solution, you can file for binding arbitration, or an action in circuit court, against the Board/HOA
5: Organize the community to do a recall on the Board members who are not doing their duties.
6: vote them out at the next Annual meeting

[Charles Wright]

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Homeowners have options when the Board fails to do their fiduciary duty or neglects the provisions of your CCR’s.
1: Provide in writing to the Board, your concerns that they are not acting properly as the documents require
2: Go to a Board meeting with other owners and during owner participation, let the Board know of your concerns and ask why the document provisions are not being adhered to.
3: If ignored, in Florida, you must file for a non binding arbitration to discuss in front of court appointed arbitrator your concerns, before legal action is taken
4: If the arbitration fails to produce a solution, you can file for binding arbitration, or an action in circuit court, against the Board/HOA
5: Organize the community to do a recall on the Board members who are not doing their duties.
6: vote them out at the next Annual meeting

[Charles Wright]

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Rude or violating the conditions of the documents? The HOA is not responsible for rudeness, they are responsible if the rude person is violating any portions of you CCR’s
Explain how this person is being offensive either to you or the HOA CCR’s.

[Charles Wright]

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Every story has three sides, one side from each participant, the other is the actual fact of the matter.

You are being very secretive in the “trivial” matter, yet you want advice. Quite a few of the people here, are on, or have been on Boards in the past, that can give you better advice or opinions if we knew the score of your post. You even have an attorney offering to help, so how can a trivial matter, be worthy of secrecy? Trivial to you could be a major issue and you feel slighted because you were called out on it Shed some light on your trivial matter please.

[Charles Wright]

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Check your bylaws and covenants, they usually will have something about how to change or alter your docs. A lot of communities were built in the late 1990’s and early 2000″s so the docs can in some areas be outdated, Our HOA docs require in writing, the change or changes seeked, then 2/3’s +1 of owners sign to approve changes. If approved by the owners, the changes are presented to the Board. The Board is required to have the changes finalized and recorded with the County, and every owner is given written notice of the change or changes to the documents.It’s a lot of work chasing signatures, especially in a large community.
Warning, be careful what you choose to change, it can come back and bite you..

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