Hoa

[guysdigdirt]

What is the name of your state (only U.S. law)? CA

A few facts;
The Bylaws require an annual election, at least three board members, monthly meetings of the board, annual member meetings. None of these were held in at least the 15 years we have lived in the assn.

There are two members of the Board, one is mostly inactive. There has not been three board members for over 5 years.

The one board member who is active runs everything. She is very power hungry.

She initiated an action against me, based on a section of the CC&Rs that is very ambiguous. Almost every other homeowner in the HOA is in violation of this restriction, including the board member and the neighbor complaining against me.

There were only two board members, instead of three, when the complaint was initiated. Only one board member was active, and the other voiced the concern that the action against me was "not right". The active member who is requiring that I change my home is likely forcing the issue to help her good friend.

The board never held the required annual meetings or elections of the board, possibly to retain power. They also did not follow many of the other bylaws.. In addition they, (and I use "they" loosely since it was always just one board member acting) and the attorney did not follow state law requiring alternative dispute resolution, it was never offered.

The HOA just filed a law suit against me. My questions are regarding whether I have a strong legal standing due to;
- the board did not follow the bylaws which would have elected at least the required number of board members?
- the board and the attorney of the HOA did not follow state law requiring an ADR?
- the board is selectively requiring me to do what they are not requiring anyone else to do?

Any input would be appreciated.

 

[justalayman]

from the limited information you provided, it would seem so but nobody here has read the entirety of your HOA bylaws and rules.
What it sounds like is somebody needs to initiate a suit against the current board and or board members that are acting in contrast to the standing rules and laws. If nobody does, what is happening will apparently go unchecked.

 

[festival]

If you are in a lawsuit, then get an attorney, unless it is for a very small amount of money.

In my state (not CA) "The failure to hold an annual or regular meeting at a time stated in or fixed in accordance with a corporation's bylaws does not affect the validity of any corporate action." Also, two out of three directors is probably a quorum, so the board's action would be valid. However, did the second director really vote for the lawsuit? In other words, is the lawsuit the action of the board of directors (at a board meeting and where minutes were taken) or just the president who probably does not have the authority to start a lawsuit? Will the second director back you up in this?

Selective enforcement (and waiver of the rule) is a possible defense. You can help your lawyer by taking pictures and finding out the details of the non-enforced violations.

Can you get someone else on the board?

 

[HomeGuru]

from the limited information you provided, it would seem so but nobody here has read the entirety of your HOA bylaws and rules.
What it sounds like is somebody needs to initiate a suit against the current board and or board members that are acting in contrast to the standing rules and laws. If nobody does, what is happening will apparently go unchecked.

**A: I agree.