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HOA board

What happens in the event that either no one wants to run for our HOA board or not enough to meet our bylaws? We have a very small community, 36 lots with 33 owners. Many of the older residents did their time when the HOA was first established. Others have stepped up to serve and are now disheartened. We have just a few common areas, and 3 bills so should not be as difficult as people have made it. Plus, the fact that we have a board member that is an antagonist. He rarely attends meetings, make threats, has been witnessed to have destroyed HOA signage because he doesn’t like it. Trying to remove him seems like an uphill battle and he will just be reelected the next year. Anyways, nobody wants to deal with any of the headaches anymore and the rest of the homeowners don’t care about getting involved. So, what options do we have?

1 Response

  1. DennisL

    Julie,

    Unfortunately, you have very few options. You must maintain a board of directors with at least a quorum of the number of members required in your bylaws. Without a quorum of board members, the association cannot pay their bills and could be sued. If sued the court would most probably appoint a receiver to run the community at your expense, which for such a small community would run in the thousands of dollars for every homeowner. During the time when a quorum of the board does not exist no-one would be able to sell their homes or refinance. The situation is very bad, and your only real answer is to remove the bad actor and stop making life so miserable for the new board members. The only solution is to restore trust in the community and to remember that the board is not there to make everyone happy they are there to do what is right for the community, the community has to stop harassing them if you individually want something done. As you said this should not be a difficult situation and task for a board member, so the community has to stop making it one.
    Because of the common property you cannot simply vote to end the HOA without getting someone to manage the common property. The city will never takeover that land or buildings.
    You have no option but to have a board and find some way as a community together to make that work for you. Remember without a board you cannot move out because you cannot sell your homes because the deed restrictions require an association to exist and that does not without a board.

    Dennis

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