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I am sorry you are dealing with this situation. Unless the bylaws were formally amended to add term limits and such is apparent and made part of the corporate record, term limits may not arbitrarily be set. If there is no amendment on the books then an HOA can not stand behind the assertion. If however, there is a dispute (issue of material fact) as to whether the amendment was properly past, then this will need to be settled through a court or arbitration. If parties can't agree as it appears in this case and an issue exists such as in this situation, court intervention will be necessary.
This is also true if the Board continues to deny you to run for re-election based on term limits which may not be valid and if valid may certainly have been waived by prior dealings and practices. Regardless of whether you have a valid argument and a legal position to assert your position, if you cannot convince the Board of this it will be necessary to bring a legal action to seek an order to get the Board to behave reasonably. In other words you are trying to push a string and even though you have a valid position, to resolve this is likely going to require that you retain local counsel to either persuade the Board, prior to taking legal action to be reasonable and change its position.
All my best and encouragement.
Please be aware that the information provided here is not legal advice. Rather it is simply general information. All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.
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