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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6422
Experience:  20 years professional experience
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My homeowners association for the last 3-4 years has

Customer Question

my homeowners association for the last 3-4 years has conducted illegal annual meetings (not enough attendance or proxies for a quorum) and illegal elections (improperly distributed and received ballots, and each year at least one of the "Board Members" at different times, has indicated the elections were "fixed" or done improperly).
I have brought up at the meeting that there are not enough people or proxies in attendance but they hold the meeting anyway. I have also brought up that the ballots are not properly addressed or distributed or received to have a legal election and I am shunned and ignored.
What can I do? We are getting ready to have another board meeting on October 12th and I am tired of my neighborhood not being taken care of and being run mostly by absentee "ghost" owners, who really do nothing about any violations or problems we have.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 1 year ago.

Board members ow fiduciary duties which involve three basic components: the duty of care, the duty of loyalty and the duty to act within the scope of its authority. It appears that one or more of your HOA board member(s) are acting outside the authority of the governing documents or State law. These board members may be held personally liable or enjoined for such conduct by filing a breach of fiduciary duty.

You can also try to get all the other members together and see if they are willing to votes these board members off the board and replace them with new ones. The bylaws and other governing docs would tell you how to do that.

You can also try to file a complaint. See this link.

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