How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11710
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
20073497
Type Your Legal Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

We recently had a HOA election that seemed to be unfair right

Resolved Question:

We recently had a HOA election that seemed to be unfair right from the word go. I was one of the participants in the election. I brought up the issues with property management company several days before the election and nothing was done. The election occurred and one of the existing board directors who already had control won. The problem is that the person was misrepresenting from the beginning and used his office position to his advantage. In addition, the management company has made a mockery of all the rules. For example, they stated that proxies had to be mailed, faxed or emailed in by the owners but accepted bulk hand delivered proxies at the HOA meeting. I can provide all the details. Another example of the mess was that the property management company requested that voters bring their drivers license as proof to the voting but the drivers license was never validated. It was complete disaster of a process.
Submitted: 11 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 11 months ago.

Hi, my name is XXXXX XXXXX I will be glad to assist you,

 

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.

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

Customer: replied 11 months ago.

Andrea,


 


Thank You.


 


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?


 


Thank You


 


 

Expert:  Andrea, Esq. replied 11 months ago.

Who else feels the same way you do, i.e., how many homeowners ?

 

Does this constitute a majority of the homeowners ?

Customer: replied 11 months ago.

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.

Expert:  Andrea, Esq. replied 11 months ago.
.
Customer: replied 11 months ago.

Andrea - Did you have a question for me? I just see a period in your reply.

Expert:  Andrea, Esq. replied 11 months ago.

.

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,

 

I realize that this is not the Answer you were hoping for, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because when rating me, you are rating the service I have given you and not whether you like or agree with the law applicable to your situation,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11710
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 17 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.