HOA is Blatantly Violating the Bylaws, need advice.

2 Replies

My HOA has stopped allowing access to the homeowners to both the sauna's and clubhouse. They've made the clubhouse their personal lunch room and tool shed. They also added an expansion to the community of $120k of a new common element without receiving permission from any homeowner. I am going to a meeting tomorrow to voice my concerns regarding the bylaws. According to how I interpret these bylaws is they need 67% approval of the homeowners and 51% of the banks to expand to the community and to deny future use of a common element.

Your feedback is appreciated:

ARTICLE12-

AMENDMENTS

Except as otherwise provided herein, new Bylaws may be adopted or these Bylaws may be amended or repealed by the vote of a Majority of the Members, or by the written consent of such Members. Notwithstanding the foregoing, no material amendment to these Bylaws shall be made without the approval of at least 51 % of the Eligible Mortgagees and (ii) the consent (by vote or written consent) of Members representing 67% or more of the voting power of the Members of the Association. The term "material amendment" as used herein shall be defined to mean additions or amendments to provisions of these Bylaws which-establish, provide for govern, or regulate any of the following:  (a) voting; (b) assessments, assessment liens, or subordination of such liens; (c) reserves for maintenance, repair and replacement of Common Elements; (d) insurance or fidelity bonds; (e) rights to use of the Common Elements; (f) responsibility for maintenance repair of the several portions of the Property; (g) expansion or contraction of the Property, or the addition, annexation or withdrawal of property to or from the Property; (h) boundaries of any Unit; (i) the interests in the Common Elements:

Your best bet may be to find a well versed HOA attorney and split the cost with a few other owners.

So it turns out they admitted they cut corners, skipped the required community vote and went straight to construction.  I've requested that the board file a liability claim to reimburse the community and to open the common elements that they took away also.  They have thirty days to fix or I file a complaint against the Real Estate Division.

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