If the board of directors is not complying with its own certificate of incorporation, declaration or by-laws, you should point this out, in a tactful way, expressing the expectation that the matter will be corrected. Sometimes this is all that is needed to solve a problem. If a simple oral request to an officer of the board fails, you can write a letter. It should be factual, brief and not hostile. Keep copies of any letters that you send, and notes of telephone conversations (date, time, who called whom, and gist of the discussion) in case the matter is not quickly resolved.
An attempt to influence the board is always more persuasive if it is presented by a significant number of members. If your problem is one that others are affected by, it is worth organizing the other members. If you do, and the attempt to change the situation is not successful, the organized group can always seek to elect new directors at the next annual meeting.
If your efforts to resolve your problems with the board fail, you may want to retain a private lawyer. The Attorney General's office cannot recommend private lawyers. However, a few points may be helpful.
It is a good idea to select someone with experience in handling HOA problems. You could begin looking for an attorney by talking with members in your or other HOAs and with attorneys in other specialty areas. If this fails, you may wish to contact a local Bar Association for referrals. Some lawyers will not charge for a single initial consultation or will charge only a minimal fee. Most lawyers will attempt to resolve any matter through negotiation before considering litigation, as litigation is costly and usually lengthy. Litigating against the board of an HOA, people with whom one lives, can also be very unpleasant.
2006-11-06 07:57:14
·
answer #1
·
answered by Starry 4
·
1⤊
0⤋
The HOA was written into the community when each person bought their home. You would have to disband the HOA by having a large majority of the owners agree to do so...but keep in mind that the HOA is probably paying for certain things like gated entries, community parks, road maintenance, etc, and you'll have to figure out how to cover that.
You might just want to try and get rid of the current board and put new people in there.
2006-11-06 16:50:16
·
answer #2
·
answered by Anonymous
·
0⤊
0⤋
Would it be more beneficial to run for a board office, along with some of the neighbors that have some of the same complaints that you do, so that you could change the rules to be more lenient? I know that some HOA's are far more strict than others, and that is in direct corralation with the amount you pay for dues. If you have a low dues amount, there are less things they police, like stones and trash cans. I would attempt to get some board vote swing by participating more before attempting to get rid of it. I have only seen it where boards become defunct after a period of time because there is lack of interest in running it. Sorry for your problems.
2006-11-06 15:58:44
·
answer #3
·
answered by H S 2
·
0⤊
0⤋
form a committee to circulate petitions. You might find making changes to the landscaping requirements easier than getting rid of the HOA
2006-11-06 16:01:21
·
answer #4
·
answered by Violet Pearl 7
·
0⤊
0⤋
You cannot get rid of them, but you can join them and gradually take over the positions of the most annoying of the bunch. That way you can change the rules. Most people in HOA's think they are actually God!! So annoying!
2006-11-06 15:58:35
·
answer #5
·
answered by Ms. G. 5
·
0⤊
0⤋
start a petition and get everyone's name on it. Then send it to your city council. Also fax a copy to your HOA people to get "them in their senses"
2006-11-06 15:57:43
·
answer #6
·
answered by Anonymous
·
1⤊
0⤋
have you considered moving to a place that don't have this?? might be even easier
2006-11-06 16:06:58
·
answer #7
·
answered by Anonymous
·
0⤊
0⤋