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If enough homeowners feel the same way you do, then it would be appropriate to hold a Special Meeting. This is often done when the Board of Directors and/or officers are not working in the best interests of the homeowners and use their positions for self-serving purposes. It would be appropriate to call a Special Meeting of all the owners to remove the present Board and elect a new Board of Directors and to elect new Officers. In order to have a valid Special Meeting a "Notice of Special Meeting must be given to all the owners in the community. The Notice must contain the following information:
Date and time of the Special Meeting
Location where Special Meeting will be held
Reason for Special (Remove the present Board and Officers and elect a new Board and Officers)
Agenda (Nominations and election of Board, Officers)
If the property management company is not doing their job, then their removal should also be put on the Agenda
Be sure that you review the By-Laws to see what is required for a quorum, and what percentage of those present is required to have a valid vote.
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The problem is that the election was just held. One of the elected persons was a former appointed director on the board who was responsible for the day to day operations. He continued to perform the day to day operations while he was part of the Ballot. Some of it was used inappropriately. He was also the main person who selected the current property management company. We also have the builder on the board who is acts as a declarant. The builder completely supports him.
My question is, if I have the evidence, can I approach a magistrate court with a valid case to nullify the elections? If I were to produce that information to you, can you determine that I have a case?
Who else feels the same way you do, i.e., how many homeowners ?
Does this constitute a majority of the homeowners ?
I am not sure. I know the details because I had complained to the board previously about mailing in ballots vs. hand delivered ballots. For their official message was:
"The Board of Directors will only accept original proxies and ballots form non-attending members that were received in the mail or by email with the owner's address or email address on the proxy and the ballot."But on the day of election, they accepted hand delivered ballots and they did not verify drivers licenses either. I asking because I was one of the people running for the election and has a direct affect on me.
Andrea - Did you have a question for me? I just see a period in your reply.
I wish I could say, "yes", but it cannot be done that way. HOA's are considered "mini governmental units" and there are safeguards built in. If other homeowners feel the same way as you do, you could still hold a Special Meeting and vote out those that the majority of homeowners feel should not have been elected. If you are the only one, the Court would not entertain your Petition because the Judge would say that you do not represent the will of the majority,
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