case #

09-002

AZ

Date:

09-03-31

tags:

 

 

Dispute

 

 

Does an HOA Board of Directors (7 members) have the authority to donate association funds (money from

 

 

our annual dues), to a charity without 100% of the members vote? I was told that the Board has been

 

 

doing this for years, and that the Board makes that decision in our behalf.

 

 

 

 

 

I understand that they have the authority to spend our moneys/dues for needed repairs/maintenance, etc.,

 

 

"inside or our deeded property boundaries" even if I disagree, but to make any charitable donation, no

 

 

matter how good a cause, I feel is outside of their jurisdiction.

 

 

 

 

 

 

case #

09-003

TX

Date:

09-03-28

tags:

 

 

Dispute

 

 

Hi, I need some advice from someone who knows the rules and laws concerning this issue. But any input is

 

 

appreciated. Apparently, my HOA has gone downhill big time and I’ve just become aware of how bad it

 

 

is. I recently attended an annual meeting where I learned that the 5 boards members (of our 301 house

 

 

neighborhood in Texas) have ruled that there will no longer be elections of board members. All board

 

 

members are appointed by those 5 board members. This was related to me by a member of our hired

 

 

management company. I know that barely anyone is aware of this. We are sent out letters that say we are

 

 

holding “elections” at the annual meeting (this last one included). At every meeting we are told we

 

 

haven’t met quorum and therefore no questions can be asked. We are not able to communicate with

 

 

board members or our appointed neighborhood manager (by phone, visiting their house, e-mail, sending

 

 

letters (no response is ever given). There is a website set up through the management company, but it

 

 

doesn’t allow anyone to sign on (as I’ve tried and been told by others). I want to distribute a letter just to

 

 

let residents know that board members are not elected. I also want to set up a website so residents can

 

 

communicate. I don’t want to do this if I can be in anyway liable for anything. I’ve heard from others that

 

 

when residents have made attempts at change in the past, they have been threatened by the HOA

 

 

attorney hired by the board of directors. Any opinions or suggestions?

 

 

 

 

 

Sunday, April 26, 2009

Page 13 of 18

 

 

 

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