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Old 09-05-2008, 06:53 AM   #11
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Simplicity - What a cool idea. - AC
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Old 09-05-2008, 07:53 AM   #12
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The first thing to do is get hold of the documents that establish the HOA - bylaws or whatever - so you will know what the procedures are and so what your options are. Just having that information is empowering Then, if you decide to do something about it, finding other like-minded homeowners is the next step. Think of it in terms of the steps that need to be taken to accomplish a goal, and take them one at a time. Good luck.
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Old 09-05-2008, 07:55 AM   #13
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Quote:
Originally Posted by simplicity View Post
...My only experience in this is unseating one board member. The majority of us , through grass roots efforts, appointed one man as proxy. He went to the board meeting and took another homeowner along. He nominated himself, the other homeowner seconded the motion, then he cast all the proxie votes for himself. It worked.

Good luck.
This is why you need to know what the bylaws say. The bylaws of the volunteer organization I'm part of prohibit proxy or absentee voting.
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Old 09-05-2008, 12:58 PM   #14
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We used to be able to vote by proxy. The nominations/votes are supposed to be secret, I requested this years ago. The votes are sent to our management co. I have read & reread the CC&Rs, & there is nothing related to unseating/voting off a Board member. I have read in Minutes that the Board voted a Board member off, because we fined her (duh) for violating the CC&Rs - & eventually sued her. Not clear on the details. I have to ask repeatedly to get election results. They posted them once in the common area, & never saw them posted again.

The other option of selling went through my head again. Unfortunately, there is one unit that is up for sale, similar to mine, that has been on the market for months. The realtor keeps dropping the price. (He's moved out. My guess is, he may be paying two mortgages.) If I listed mine now, I would have to list it lower than his... won't get market value. Trying to ride out this market - if & when it levels out. Hope his sells. There's an umpteenth Open House again this weekend.
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Old 09-05-2008, 01:08 PM   #15
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I thought I heard somewhere that if a homeowner requests minutes, the HOA is required to post them or send them via mail. But of course, I cannot remember where I heard/read this info....sorry!

I really like what simplicity said.
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Old 09-05-2008, 02:10 PM   #16
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We used to be able to vote by proxy. The nominations/votes are supposed to be secret, I requested this years ago. The votes are sent to our management co. I have read & reread the CC&Rs, & there is nothing related to unseating/voting off a Board member. I have read in Minutes that the Board voted a Board member off, because we fined her (duh) for violating the CC&Rs - & eventually sued her. Not clear on the details. I have to ask repeatedly to get election results. They posted them once in the common area, & never saw them posted again.

The other option of selling went through my head again. Unfortunately, there is one unit that is up for sale, similar to mine, that has been on the market for months. The realtor keeps dropping the price. (He's moved out. My guess is, he may be paying two mortgages.) If I listed mine now, I would have to list it lower than his... won't get market value. Trying to ride out this market - if & when it levels out. Hope his sells. There's an umpteenth Open House again this weekend.
Do the bylaws say anything about Robert's Rules of Order? Ours specify that the latest revision of RR are to be used when an issue isn't addressed in the bylaws.
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Old 09-05-2008, 02:31 PM   #17
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Do the bylaws say anything about Robert's Rules of Order? Ours specify that the latest revision of RR are to be used when an issue isn't addressed in the bylaws.
As I understand it RR of Order are about how to conduct a meeting - has nothing to do with individual CCR's etc. There is something I caught called Sterling's law - would have to read up more on that topic. The sect takes the Minutes, they just don't give them out until I request them 3 times. Guess I'm the only homeowner that is interested. In my old condo, every HO was given Minutes w/i 48 hours of a meeting. The people in charge here are renters, that are learning, feeling their way through as to how a Condominium operates or should operate. The "power" has, I am sure, gone to a few of their heads.

FWIW, don't make the mistake I did with this one. As I understood it, it was an apt complex. As each renter moved out, the units were sold as Condos. Most of the Board are renters that stayed on. I paid off their outstanding earthquake loan - with no disclosure, & a new roof, etc. They can never meet the budget, & once they learned the word assessment, they've been charging us for repeated assessments (for painted doors etc.). This new one will probably come in at a total of approx $20,000, while they diddle w painting doors & sending a plumber door to door. Mispent monies by idiots in charge. This is week two of repainting my front door. Meanwhile there's a hairline crack in my ceiling from the deck above (earthquake damage?), that they never address thru nine years of memos.

Thought of getting like-minded homeowners together, but some of the owners are off site (live in another state) and are renting their units. So, don't know if I'll get the homeowner or a homeowner's renter. The majority of the Board has always been, left over renters who put themselves in charge when the bldg went Condo.
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Old 09-05-2008, 04:33 PM   #18
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Calf. should have open meeting laws. I can't image they don't, you should be able to see anything other then personnel matters, at any reason business hour, maybe by appointment. If they refuse, or try to give you the royal runaround, they are in violation of state meeting laws. Calf. should have some type of HOA watch dog group, work through them. Go Luck, I know what you are feeling been there.
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Old 09-05-2008, 04:43 PM   #19
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Have you looked here?
California Condo & HOA Law

Amy, I hope you keep us updated on what happens. We're rooting for you.
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Old 09-05-2008, 04:56 PM   #20
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ugh, the house Nazis. You've received plenty of good advice here. Get on the board and make things change! or find someone at the state level who can run interference for you.

good luck.
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