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 Maverick Your Own Question
Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6065
Experience:  20 years professional experience
16823287
Type Your Real Estate Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

HOA question Wisconsin August 28th 2014 President (ME) and 2 others resign (Sec &

Customer Question

HOA question Wisconsin
August 28th 2014 President (ME) and 2 others resign (Sec & Arch Control chair)then the Treasurer resigned looking at the time line just before me leaving the VIC who resigned in the evening. She sent emails to over 5% of the owners saying the board all resigned. Now she and the treasurer say shes President and Treasurer writing checks and using an attorney to stop members from calling a special meeting to elect a board.THE lady is misrepresenting her position with the state and the attorney
What should the members do??
Submitted: 1 year ago.
Category: Real Estate Law
Customer: replied 1 year ago.
State of Wisconsin Non Stock corporation ..180 or 181 statutes
Customer: replied 1 year ago.
When the board ceases to exist the members should be able to elect a board180 or 181 stats. How should we ask to get verification/proof that she has evidence to substantiate that she is President after resigning as VP back in Aug of 2014 and to verify it. No elections meetings nothing but silence . A few members approched them since they still had files to have a special meeting April 30th and informed them that members were calling a special meeting May 2nd we were contacted by HER attorney hired for the association???
Expert:  Maverick replied 1 year ago.
Welcome! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.
Based on what you have stated, it appears that you will not get this issue resolved without court action. So, as homeowners, you may have to sue the HOA and the remaining board members for one or more of the following causes of action:
1. Breach of contract for not following the bylaws, the CC&Rs or other rules regulating how the HOA should be operated. Check these documents on the rules of succession to determine how and when resigning board members are to be replaced and how and when special meetings may be called and follow those procedures and keep accurate records to show that he HOA and the remaining board are not response or are in violation.
2. For breach of fiduciary duty to act in the homeowners' best interests; and
3. For a declaratory relief, if there is any confusion or ambiguity in the governing documents as to how things should be run or transpire when board members resign:
https://docs.legis.wisconsin.gov/statutes/statutes/806/04
Since the HOA has a lawyer, you will also need a lawyer otherwise you will likely lose the case on procedural technicalities. While we cannot refer a lawyer to you, you may want to contact your state bar for a business litigation lawyer that specializes in HOA matters:
http://www.wisbar.org/forpublic/ineedalawyer/pages/lris.aspx
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow-up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!