This strategy may not be the best way to start resolving an issue that an owner has with other owners who volunteer their time to operate the legal entity called the association. But it may end up determining the ultimate resolution.
When you approach an association-savvy attorney, you'll need evidence of violations that will be most weighty when based in your state law that governs associations.
In order to gather this evidence, an owner can point out in an open board meeting -- to which all owners are invited -- where the Directors or board have violated a statute, or an article in the governing documents. In this process, you can:
Often in this process, you essentially educate your board in the boundaries drawn around their votes/ actions by both your governing documents and the state law.
When directors choose to ignore these boundaries, your master insurance policy may cover their votes/ actions -- called Directors and Officers coverage (D&O). When directors act without 'ordinary and reasonable care', or demonstrate a lack of 'business judgement'* in their actions, D&O coverage may not cover them. In those cases, volunteer board members may be personally liable for damages that result from their actions.
*From the Washington state Condominium Act: RCW 64.55. NB: Find your state condominium act and determine the language used there for your purposes if you live elsewhere.
No. The association board members, presumed to be owners in the association, are governed by the CC&Rs, the By-laws and the rules the same way all owners are governed. Often, sadly, board members choose to ignore these agreements that they make with all other owners, especially when they are elected by members. Read your governing documents to determine how to gather owners to collaborate with each other to document rules violations by board members and keep that documentation in board meeting minutes. Sheding light on these issues, sometimes is curative.
It depends on the rules and bylaws of the specific home-owners association. Some associations may allow non-residents to serve on the board, while others may require board members to be residents of the complex. It is best to check the association's governing documents to determine the eligibility criteria for board membership.
They can if the streets are owned by the home owners' association rather than by a municipality.
Your home owners association may be requiring you to follow your governing documents. You can ask for a clarification of the violation for which you are being notified. Further, read your governing documents so that you understand the process the board can follow when 'curing' a violation. If you believe that contact from the home owners association is valid 'harassment' -- that you are not in violation of any covenant, condition, regulation, restriction or by-law -- you can involve the police.
Read your governing documents, including any board resolutions that impose fines. Your board or association management company can help you understand the limit of behaviours which are fine-able offences.
Read your governing documents to determine how the fees should be charged, whether they should be charged to a limited number of owners, or to all owners in the association. Apparently, a citation was required to settle a difference of opinion among owners, or between owners and the board. Yes, this is association business, and yes, the fees should be charged to owners.
Read your governing documents to determine who is eligible to occupy a director's post on the board. Generally, this is limited to owners, and employees are specifically banned from becoming a director.
You can find the answer at the local hall of records, since the association is a legal corporation. As well, the Secretary of State has a record of the date of incorporation and the names of the board officers.
It is possible. Read your homeowners contract it should say something about things like that.
The web address of the Dennisville Historic Home Owners Association Inc is: http://dhhoa.dennistwp.org
Generally, you'll need an e-mail address to accomplish this task. Your board or your property manager can supply you with the contact details for your president.
Generally, according to the site, below, Articles of Incorporation are required for any home owners association. An association-savvy attorney in North Dakota will be able to answer your question with precision.