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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37454
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I enjoyed your answer to another poster, so here is mine. Our

Resolved Question:

I enjoyed your answer to another poster, so here is mine. Our HOA Board is elected by the residents, per the Bylaws. Yet, I have discovered that there is "another" exact Board on file with the State that contains the same names, with the exception of an Officer of the Property Management Company as an Officer of our HOA. Sir, this is not known by the residents. I have verified that this Prop Mgmnt Co. has made this a feature of all of their contracted HOAs that are incorporated. HOA Residents are "not allowed" to contact (either) Board under any circumstances in any form except through the Propr Mgr. Sounds illegal & contractually "unconscionable"and I'm sure you see the conflict? The Prop Mgr. is suddenly churning out letters, it appears, to drum up fines. All complaints about the Prop Mgmnt must be placed in writing TO the Prop Mgmnt only. We all have no recourse without bring suit, it appeals. Advice? We are in Bucks County, Pennsylvania. Thank you!
Submitted: 10 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 10 months ago.
Thank you for your question and thank you most kindly for requesting me to assist you with your concerns.

My family happens to reside in Bucks County and I am very familiar with the local laws. So just to be clear, this "Prop Mgmt Co" individual is not listed in the real bylaws as a position, there is no evidence of the board ever amending the bylaws or the CC&Rs but there are two listings on file? Is the Board still scheduling meetings that are open to the residents? Also, are the bylaws listings how a non board member can visit or appear at an 'open' meeting?
Customer: replied 10 months ago.

Dimitry, that fact that you live in bucks is music to my ears! Thank you for the most thoughtful and kind reply. The Bylaws do not state anything in the particular about any property management Company, or other vendor. Only that they are fully vested to carry out the needs and assigned responsibilities on the behalf of the Association (including executing contracts for services). I closed on my home in Sept 2012 receiving a mostly unreadable set of HOA Bylaws, declarations et al. (extremely faint, unreadable photocopies). Received a partial set of the Bylaws in


Nov 2012 - my original requests were before (July) Closing, up to and after. There have been no known revisions and I have complete copies scanned and on a server for ready access. Please visit the PA State portal for Business Corporations for Entity #(NNN) NNN-NNNNfor The Townhomes at Heritage Center Community Association, Inc. The listed address is for Continental Property Management and James B. Stevens is the Vice President of that company. They have this "arrangement" for Newtown Grant Entity#26663673, Tyler Walk


#705494, Yardley Corners #780269 all commencing in 2010, in appears, to name a few. There was one open residents meeting in Oct. 2012, and another in June 2013. Informal, no minutes and all questioners were told to "Ask Continental Property Management". It was astonishing. There is nothing about non board members appearing/or not appearing at "open" meetings as there really are none. (State Rep Bernie O'Neil is working on that.) All Board meetings are closed. If you wish to appeal a violation notice you are written that you can appeal the notice by appearing in front of the Board. When writing in reply & asking directly - "When and where are these meetings held so that we may schedule accordingly?" We are ignored. The reply comes back "Your letter will be reviewed at the next Board meeting." Pretty insulting reply to the ongoing specific question. Per the Bylaws, that could be a year from now, as that is the only interval that they are required to meet. But who would know? - Peg

Expert:  Dimitry K., Esq. replied 10 months ago.

Peg,

Thank you for your follow-up. Glad to hear that this is music to your ears. A few things to check on:

1. Please check to see if there were once two HOAs that were morphed into one. The HOA you are referring to happens to be one that could have had this occur, which is why two sets of Board listings are filed. For some reason the HOA listing that you provided strikes a chord, so it may be that I researched them before and found this consolidation.

2. Having purely 'closed' meetings is a violation of Pennsylvania state law. At least one meeting, an 'annual' meeting, must be open to all members. Failure to do so WOULD require you and other members to retain counsel, and if you prevail have the HOA's insurance cover your costs.

3. As per the yearly meetings, those meetings MUST be scheduled and provided to you. Failure to do so is likewise a violation. If they are not meeting, or are not providing such information, perhaps it may help to reach out to other neighbors and to retain counsel as a bloc so as to cut down on costs and use that to rival their claims. I agree that it is not the most ideal solution, but it should get the result that you are seeking to get in this instance.

Good luck!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37454
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 17 other Legal Specialists are ready to help you
Customer: replied 10 months ago.

Sorry to make you have you work late! There were not nor are not 2 Boards that morphed into one. There is the Board that the residents elect and imagine are running things. It must be composed of voted in residents of the community. Alternately, because the HOA is an Incorporated entity, there is obviously a filing with the State, as a Not for Profit business entity. This is where it gets interesting, in that of the 3 Officer's named on the State filing,(and there are to be five (5) members of the HOA Board, there appears Mr. james B Stevens, who is actually the VP of Continental Property Management as Assistant Secretary of the Incorporated HOA. Per the Bylaws, it would appear this defines an "unconscionable" arrangement/contract. There is no requirement for a Board member, so involved, to recuse themselves of any voting or topics discussion. Can you please take another look at my issue and reply? Thanks so very much.

Expert:  Dimitry K., Esq. replied 10 months ago.

Thank you for your follow-up.

Many HOAs are jointly held (or comprised) of both 'elected HOA members, and 'appointed' members such as those representing a property management company or a law office, provided that such language expressly exists within the HOA bylaws and the CC&Rs. If such language does not exist, the elected board IS the governing board, and there is no difference. In that situation what you describe would violate state law and would permit you seek recourse via the courts. I still do not see how you could compel them to come clean short of a court order, or in case of a nonprofit, a request that the IRS review and potentially evaluate the basis of their filing (and whether or not their filings have some sort of an omission or violation for review).

Hope that helps.

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