Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
nonprofit HOA ,missouri. no bylaws , statues of missouri states if no bylaws there has to be an annual election of board members. there has not been an election in 4 years, I have requested copy of mintues, during the last few years, and requested to see the financials 3 times also with registared letter. No one except board members are ever notified of a meeting. non profit certificate show Oct/2012 as only 3 board member but president says there are 5 and only their votes count, they vote for whatever he wants. What do I have to do to see the minutes and financials,
Response 1: Unfortunately, you would need to file lawsuit against HOA in order to see the books if the HOA is not cooperating. You may also try filing complaint with the Attorney General's Office. Generally, the Attorney General's Office does not represent private individuals. However, the Attorney General's Office may get involved in a case if the Attorney General finds that it is in the public interest to do so. Also, the Attorney General's Office can mediate the dispute. Click on the link below for more information:
also what can I do when the 2 members that vote as board members for dues increase, and their names or not on the HOA certificate of Missouri their are 32 lots and the president owns 20 lots ? Thank you for your time.
Response 2: This is an illegal act. The homeowners affected can collectively refuse to pay the increase. However, this would most likely result in the Association sending delinquency notices to the homeowners, which would then be followed by notice of liens against the homeowners' properties. Homeowners can then challenge HOA's action in Court.
You may use the following sites to find local Attorneys that handle Homeowner's Associations matters to assist you with your case:
Any lawsuit filed against the HOA must be filed in the County where your property is located. Click on the link below for self-help: http://www.courts.mo.gov/page.jsp?id=46542
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).