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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111605
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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The community is refereed to as a joint venture with CC&R's

Customer Question

The community is refereed to as a joint venture with CC&R's and a Road maintenance agreement. Law suits have resulted from interruption with a judgement issued. Bylaw requires a 4 person board but no volunteers and a temporary rep was self appointed 3 years ago. We have been given advice that a board of directors is required for compliance. The rep claims that if all property owners are made board members that will comply with the bylaw even though functionally there will be no change. What is your opinion?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is an HOA, which is another term for joint venture community. You have to comply with the CC&R or you can get 100% of the membership to vote to terminate the joint venture and you can seek to end the whole issue if nobody wants to run for the board. If you have no volunteers for the board and the bylaws say 4 board members, then you cannot have more than 4 members. If you get 4 people to volunteer fine, if not I would call for a vote to terminate the joint venture community, because you cannot put everyone on the board.

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