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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2242
Experience:  Experience in residential real estate and commercial leases.
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I am currently on the Board of my HOA. I started to run. I

Customer Question

I am currently on the Board of my HOA. I started to run for reelection. I was told that I could not run because of a term limit amendment to the By Laws passed in 2003. I have the only two people who are alive from the 2003 Board who say the term limit By Law was never passed. I was elected to the Board for my fifth term in 2014 with the Board knowing about the purported term limit law. They never stopped me from running, informed me while I was in office that I should not be serving and only involved the law when I went to run for a new term. There was a second member who served as the president of the Board for four terms after 2003. He was never stopped from running or serving.
Thus, I have people who are the only survivors from the time the Board purportedly passed the By Law that say it never happened and I believe I have a virtual waiver of the law if it did pass by their letting me and the other person serve beyond their term limit.
I need to have myself restored to the election process and the election process held up until that can happen.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  J. Warren replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

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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Expert:  J. Warren replied 1 year ago.

I hope you found the information helpful. Please remember to rate my services, I realize it takes extra time and effort and I appreciate you taking the time in doing so.

Expert:  J. Warren replied 1 year ago.

Can I answer any additional follow up questions for you or clarify anything I have written above? If not, can you please press a positive rating above this message box in the ratings section so I will be paid for my time assisting you on this matter? Pressing a positive rating will not cost any additional money - it is simply the trigger used by Just Answer to pay me for my time (pressing the middle star or the fourth or fifth star on the right are all positive rating buttons).