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Our H.O.A. has two volunteer committees- A Crime Prevention…

Customer Question
Our H.O.A. has two volunteer...
Our H.O.A. has two volunteer committees- A Crime Prevention and Community Newsletter.

1- A member of the Community Newsletter Committee has stated that they do not want any residents outside of their small group of friends to be allowed to volunteer on the committee and has, without protest from other members of the committee, been allowed to keep other residents from joining. This is done by ignoring requests from residents, hiding information regarding dates and times of meetings and by intimidating any residents that attempt to contribute. What can be done about this?

2- The above member is also married to a member of the Crime Prevention Committee. Both committees have made plans for neighborhood events that involve blocking streets in the neighborhood, without talking to any residents affected by their decision. Some of the effects of streets they plan on blocking include- residents not being able to enter their garages/homes, trash left in yards and damage to property. What can be done to prevent this?
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 15 minutes by:
9/19/2011
Real Estate Lawyer: TJ, Esq., Attorney replied 6 years ago
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,612
Experience: JD, MBA
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Hello and thank you for allowing me the opportunity to assist you.

Please note that for legal reasons my answers are only intended to be general/educational information rather than specific legal advice. If you need specific legal advice, then you must consult with a local attorney in your jurisdiction.

In order to change the situation with the two committees, you'd first need to bring this to the attention of the HOA board. The board has the power to approve or disapprove of any of the committees' decisions. If the HOA refuses to take action, then under certain circumstances you could ignore the committees and the HOA. For example, neither the HOA nor the committees can prevent any resident from entering his/her home. In fact, I don't understand how they would attempt to prevent it ... have armed guards pushing residents away from their front doors? If you merely mean that streets will be blocked off and residents cannot drive to their homes, then whether or not that can be done depends on what exactly is proposed. There is a big difference between blocking off a street for one day because of planned yard sales, and blocking off a street forever just because the committees don't believe that residents should be allowed to park cars in their driveways. I'm sure you can see the difference. The botXXXXX XXXXXne is this: If the committees or the HOA is attempting to exercise power that is beyond their control, such as in my latter example, then the answer is ultimately a lawsuit whereby you request that a judge enjoin the HOA and committees from taking the proposed action. If the situation is more akin to my first example above, then filing a lawsuit is pointless, as it wouldn't likely be heard before the planned blockage is already moot, and the attorney's fees would not likely make a lawsuit worthwhile. So, you'll have to use your best judgment based on what the extent of what is proposed.

Have I satisfactorily addressed your concerns? If not, then feel free to let me know, as I will be happy to clarify my answer or help with your follow-up questions. In the meantime, please remember to click the green accept button so that I will receive credit and compensation for my time (doing so does not end our discussion). Positive feedback is always appreciated as well. Thank you and good luck!
TJ, Esq.
TJ, Esq., Attorney
Category: Real Estate Law
Satisfied Customers: 12,612
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