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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31735
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi my name isXXXXX live in a subdivision that has

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Hi my name isXXXXX live in a subdivision that has a HOA. We are suppose to have meeting once a year and it has been more than 2 years because it was not convenient for the president. Now he calls for a meeting the day before on a Friday night when most people have already made plans and tells us if we don't attend we will not have a vote. For 5 1/2 years we have made every meeting and numerous people have never been to a meeting and they always get a vote. They make up rules as they go. We have HOA regulations in black and white but if you are one of the buddies in the neighborhood you don't have to follow them.

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.

If the HOA rules are not being followed in terms of noticing a meeting and in regard to a member's right to vote, the only way you can stop the board - - and primarily this president - - is to file a lawsuit to compel the HOA to abide by the rules as written AND to seek an injunction against any orders or decisions or votes that have been made subsequent to improper notice or other procedural problems.

Unfortunately, the only way to stop something like this would be to sue and get a court order. Otherwise, the HOA will continue to operate as it pleases instead of how it is supposed to under the rules.

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