Sounds like it's all a big PITA. But I am glad that you have decent internet till things are sorted out instead of relying on that little Verizon thing. Hopefully things work out in your favor but if it doesn't you at least have something available for now. I bet no one else in that HOA gets the speeds you are.
But if the HOA can't afford to do much of anything they can't afford a lawyer either so it will have to come out of the jerks pocket directly if he wants to fight it which will probably end up being a violation of some sort as well. At the next meeting you should bring up a vote that all future votes must be held and verified by an independent third party unless they are held at a meeting.
But if the HOA can't afford to do much of anything they can't afford a lawyer either so it will have to come out of the jerks pocket directly if he wants to fight it which will probably end up being a violation of some sort as well. At the next meeting you should bring up a vote that all future votes must be held and verified by an independent third party unless they are held at a meeting.
Well thanks to you I have good internet. It is still going strong and I haven’t had one problem with it. I am very happy with it actually so it doesn’t really make a difference to me if we don’t get it but I do want it. I want faster speeds and I have friends that live in here and they can’t get anything good.
I am talking with my lawyer on Monday or at least setting up an appointment. This crap is not gonna fly. He thinks he owns the place because everybody just believes everything he says. And he intimidates then too. He is one of those types. But when it comes to stand in front of someone he is a little wimp. He had the chance to be all hard to me but was a saint when he came to my house. I know exactly what he is. He thinks this vote will be a no and no one will say a word to question it. He is about to find out wrong.
The attorney I'm sure knows this, but if you file, then make sure the president is named personally as an officer of the HOA. I'd also find out if the HOA is insured and has D&O insurance. If no D&O, then the president has to put money up personally for defense. Otherwise his defense costs are excluded from regular HOA insurance when it comes to decisions of the board. All of this assuming that the bylaws have been compromised or ignored.
Let me start by saying home owners associations are formed for various reasons. Ownership of property for the common good of the members such as A pool, park, greenbelts, gate. Maintenance on a private shared road. Many create covenants that reinforce local codes to reinforce compliance. Some of these covenants are more restrictive. Usually these were all in place prior to the residents buying the property and the were agreed to. I live in one and I knew it. I don’t want my next door neighbor raising pigs or chickens. If I build a small shop, it has to have the same construction requirements the houses do. Brick veneer percentage, roof slope, etc. It keeps the neighbor from bringing in a shipping container.
That said, you don’t want to bankrupt and dissolve the association. But you want it to run the way it was intended. The officers of the association have a duty to operate under guidelines in which it was created. It also has to operate under IRS and State rules, regulations, and statutes.
Most of these are set up as non-profits.
Check the Secretary of State to make sure the entity it is set up as is active. You might get copies of the articles of organization and other filed documents.
There also should be an IRS filing of some sort. Usually a 990. You can aIso search for filings.
Do your homework!
Business meetings are required.
Records have to be kept.
This can get very deep and most organizations do not follow some or all of the requirements.
Again, do your research and be loaded for bear if that is what it takes.
And be careful, you may end up having to run the HOA!
https://www.sos.ok.gov/corp/corpInquiryFind.aspx
That said, you don’t want to bankrupt and dissolve the association. But you want it to run the way it was intended. The officers of the association have a duty to operate under guidelines in which it was created. It also has to operate under IRS and State rules, regulations, and statutes.
Most of these are set up as non-profits.
Check the Secretary of State to make sure the entity it is set up as is active. You might get copies of the articles of organization and other filed documents.
There also should be an IRS filing of some sort. Usually a 990. You can aIso search for filings.
Do your homework!
Business meetings are required.
Records have to be kept.
This can get very deep and most organizations do not follow some or all of the requirements.
Again, do your research and be loaded for bear if that is what it takes.
And be careful, you may end up having to run the HOA!
https://www.sos.ok.gov/corp/corpInquiryFind.aspx
Move to a non-HOA.
When I get more equity and I find a home that ain’t close to people out here I will move. But then again, if the HOA would run as designed i wouldn’t mind it. I haven’t had any issues besides this and a neighbor calling the sheriff on me for shooting. The HOA president is old so he won’t live forever.
Amazing the vote can happen so fast. Most HOA Bylaws state there has to be some sort of meeting which with proper notification of such meeting, usually 20-30 days before the meeting. I'd be looking at both the Bylaws and the covenants.
We had a HOA president threatening to put a lien on a HOA shareholders house. The problem was the covenants didn't state a lien could be applied for an unpaid due. That cost the HOA (divided by us, the shareholders) about $6,200 in attorney fees when the plaintiff won and the HOA lost due to them thinking they could fine and lien the unpaid house. That put them in check.
We had a HOA president threatening to put a lien on a HOA shareholders house. The problem was the covenants didn't state a lien could be applied for an unpaid due. That cost the HOA (divided by us, the shareholders) about $6,200 in attorney fees when the plaintiff won and the HOA lost due to them thinking they could fine and lien the unpaid house. That put them in check.
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