I have been reviewing our HOA By-Laws and I am realizing that after our declarant turned things over to the regular board in 2021, the boards since then have not abided by the by-laws. They only refer to the CCRs which don’t address everything that is addressed in the By-Laws. For example, our By-Laws state there should be a nominating committee for board elections. There has never been a nominating committee. Instead, there is an election committee who has dictated everything. However – our By-laws says the Board may appoint such committees as it deems appropriate to perform such tasks and to serve for such periods as the board may designate by resolution. Each committee shall operate in accordance with the terms of such resolution. There has never been a resolution appointing an election committee much less designate any terms for the committee. And now they are saying owners can only vote by absentee ballot and they won’t accept ballots at the annual meeting. Our By-laws specifically say the election of directors takes place at the annual meeting.

There are other things like changing from accrual to cash accounting which they can do but the by-laws say the following management standard of performance shall be follows unless the board by resolution specifically determines otherwise. They talked about it and they voted on it – there is NO resolution clearly stating the change to the bylaws or the authority to do so.

Where do we even start with addressing the complete failure to follow the written by-laws? It’s like they didn’t even read them? And no- the CCRs don’t address any of these things to override the bylaws due to conflict between governing documents. Any advice or suggestions is greatly appreciated.