Real Estate Law
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I am sorry to hear about your difficult situation with the HOA. You cannot possibly imagine how many questions we receive each week about HOAto havs.
You were certainly on the right track by reviewing the C,C&Rs, but where the C,C &Rs are silent on the subject the Board can vote this authority into their "scope of authority". Even so, the photographs cannot be focused on anyone in the house, or anyone entering or leaving your property, or a photograph of any of your family members because that would be an invasion of privacy and would be a violation of law. There is a solution to this. I think that residents of a community which has an HOA tend to forget that they, too, have substantial rights and if a majority of the homeowners do not like a particular act in which the Board is engaging, "in the name of and for the benefit of the community as a whole", the residents can hold a Special Meeting for the purpose of either voting to eliminate that authority in the Board, or if the Board has antagonized enough of the homeowners, to remove the Board entirely, and hold nominations and elections for an entirely nw Board of Directors at such Special Meeting,
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Great Job Andrea...I've contacted the HOA via email and asked that they not photograph our property.
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In case you need to call a Special Meeting for any reason, including the reasons I stated in my previous Answer, I'll save you time and money by telling you right here how to go about it,
A Notice of Special Meeting must be given to all HOA members and the Notice should include the following:
1. Date, time and location of Special Meeting
2. Purpose of Special Meeting (To prohibit Board from photographing our properties - if that is what you will do. Or you could include the following - "Prohibit Board from photographing our properties, remove present Board, and elect new Board )
3. Agenda - Vote to prohibit Board of Directors from photographing our properties, or engaging others to take said photographs, Vote on removing present Board of Directors, receive Nominations to the Board, hold elections for new Board of Directors)
4. If removal of the Directors is going to be by Resolution, then the language of the resolution to be voted on, must be included in the Notice.
It is important to adhere to the Agenda and only those issues can be discussed at the Special Meeting. At the time of the Special Meeting, be sure to count all members in attendance to confirm that you have a Quorum, as required by the By-Laws and also determine what percentage of votes of the Quorum is required to pass the Resolution and to elect a new Board of Directors. The meeting should be conducted in accordance with the requirements set forth in the By-Laws. If any requirement is missing from the By-Laws, then look to "Robert's Rules of Order" to fill in anything not contained in the By-Laws,
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