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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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We recently had a HOA election that seemed to be unfair right

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We recently had a HOA election that seemed to be unfair right from the word go. I was one of the participants in the election. I brought up the issues with property management company several days before the election and nothing was done. The election occurred and one of the existing board directors who already had control won. The problem is that the person was misrepresenting from the beginning and used his office position to his advantage. In addition, the management company has made a mockery of all the rules. For example, they stated that proxies had to be mailed, faxed or emailed in by the owners but accepted bulk hand delivered proxies at the HOA meeting. I can provide all the details. Another example of the mess was that the property management company requested that voters bring their drivers license as proof to the voting but the drivers license was never validated. It was complete disaster of a process.

Hi, my name is XXXXX XXXXX I will be glad to assist you,

 

If enough homeowners feel the same way you do, then it would be appropriate to hold a Special Meeting. This is often done when the Board of Directors and/or officers are not working in the best interests of the homeowners and use their positions for self-serving purposes. It would be appropriate to call a Special Meeting of all the owners to remove the present Board and elect a new Board of Directors and to elect new Officers. In order to have a valid Special Meeting a "Notice of Special Meeting must be given to all the owners in the community. The Notice must contain the following information:

 

Date and time of the Special Meeting

Location where Special Meeting will be held

Reason for Special (Remove the present Board and Officers and elect a new Board and Officers)

Agenda (Nominations and election of Board, Officers)

 

If the property management company is not doing their job, then their removal should also be put on the Agenda

 

Be sure that you review the By-Laws to see what is required for a quorum, and what percentage of those present is required to have a valid vote.

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

Customer: replied 4 years ago.

Andrea,


 


Thank You.


 


The problem is that the election was just held. One of the elected persons was a former appointed director on the board who was responsible for the day to day operations. He continued to perform the day to day operations while he was part of the Ballot. Some of it was used inappropriately. He was also the main person who selected the current property management company. We also have the builder on the board who is acts as a declarant. The builder completely supports him.


 


My question is, if I have the evidence, can I approach a magistrate court with a valid case to nullify the elections? If I were to produce that information to you, can you determine that I have a case?


 


Thank You


 


 

Who else feels the same way you do, i.e., how many homeowners ?

 

Does this constitute a majority of the homeowners ?

Customer: replied 4 years ago.

I am not sure. I know the details because I had complained to the board previously about mailing in ballots vs. hand delivered ballots. For their official message was:




"The Board of Directors will only accept original proxies and ballots form non-attending members that were received in the mail or by email with the owner's address or email address on the proxy and the ballot."

But on the day of election, they accepted hand delivered ballots and they did not verify drivers licenses either. I asking because I was one of the people running for the election and has a direct affect on me.

.
Customer: replied 4 years ago.

Andrea - Did you have a question for me? I just see a period in your reply.

.

I wish I could say, "yes", but it cannot be done that way. HOA's are considered "mini governmental units" and there are safeguards built in. If other homeowners feel the same way as you do, you could still hold a Special Meeting and vote out those that the majority of homeowners feel should not have been elected. If you are the only one, the Court would not entertain your Petition because the Judge would say that you do not represent the will of the majority,

 

I realize that this is not the Answer you were hoping for, but I have an ethical obligation to you to give only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because when rating me, you are rating the service I have given you and not whether you like or agree with the law applicable to your situation,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

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