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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
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Experience:  B.A.; M.B.A.; J.D.
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nonprofit HOA ,missouri. no bylaws , statues of missouri states

Resolved Question:

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, 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.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.



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:

https://www.consumer.ago.mo.gov/



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:





http://www.lawyers.com





http://www.justia.com






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


Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12955
Experience: B.A.; M.B.A.; J.D.
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