HOA is now telling members we are not allowed at the monthly meetings

[Not4today]

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

Our HOA is making 'deals' behind closed doors and some of the homeowners are now trying to attend the monthly meetings the association has. This past Monday we were told the meetings were now 'closed' meetings for just the board members. Can they do that? It is not stated anywhere in our bylaws that we are not able to attend.

No one has been rowdy, or generally even said anything at all, so I am not sure what they are afraid of us knowing. Other than the fact they are: paying the treasurer $500 / month when NO ONE is supposed to be getting compensation, all repairs / painting / etc. jobs are NOT being bid out with 3 bids ~ they are automatically going to one of the board members brother / nephew. Just so happens that board member was one of the building partners when this subdivision was built. He has 5 units out here that are rental so he has bulldoged the board in every way.

Thanks for the help. I have read all the TN codes on it, but cannot seem to find one that directly addresses this issue. *meetings are held at the public library on the 3rd Monday of every month, so it's not as if we are invading one of their homes.

 

[festival]

If you have researched and found nothing, then TN may not require open board meetings.

When state law or bylaws require open board meetings, there are usually provisions for the board to meet privately in executive session to discuss private things such as legal matters, personnel matters, contract negotiation, owner accounts, etc. Also provisions for dealing with rowdy members at a meeting. You might research "executive session" and then suggest your board adopt this more reasonable way to run meetings, which does allow privacy when needed.

Meeting at the public library? Ask the library for the policy. Show up at the meeting.

One thing that almost every state has in their non-profit laws (or in condo or HOA laws) is that members have the right to inspect minutes of meetings, and also to inspect and copy all financial records.

Officers usually don't get paid. That's a red flag. The treasurer may say that the payment is for bookkeeping, which has to be paid to someone, so why not me? Not a good policy. $500 per month sounds way too high. It doesn't usually take much time. How many units do you have?

Paying someone's relative may or may not be bad.

It often takes more effort for a board to do things right. Sometimes, they don't know what's right.

Maybe you should let all the other owners know about it, and run for the board yourself or get others to run?

 

[TinkerBelleLuvr]

Check out this thread:
http://www.hoatalk.com/Forum/tabid/55/view/topic/postid/97922/Default.aspx

The devil is in the details. The answer should be in your Covenants and Restrictions. What does your paperwork say about HOA meetings?

http://www.ehow.com/list_6901015_state-regarding-homeowners-associations-tennessee.html

 

[Not4today]

Thanks!

Thank you both for the replies. I have already started to get a few homeowners involved and working on more! There are a few people who are willing to step up and take a position, myself included.

The board anounced in the past meeting they are now using part of the bylaws that have never been used before ~ the board members will be appointing all other positions. Luckily, we have 2 board members coming off the board in May (that's a long time left), but I am checking to see if there is a majority vote if we can get them ousted sooner.

Thanks for the links too! I agree that $500 / month is outrageous, especially since we only have 112 units. We have no clubhouse, pool, playground, or other common ground places so the only 'bills' she is paying is lawn maintenance, insurance, street light (there's only ONE and that's at the entrance ~ crazy dark around here at night) and herself.

Hopefully I can get enough homeowners to show up to next months meeting ~ everyone out here wants nothing to do with the association because of the way they are handling things and the arguments at the annual meetings. Sad, because it's our investments they are making decisions about, but hopeful I can change some opinions and get some support. I have only been a homeowner out here for a year so I am trying to enlist a former president here to help me understand what's happening.

 

[Not4today]

oh yeah...

Our bylaws / covenants do not address the monthly meetings at all. It only refers to the annual meeting and what steps for a homeowner to call a special meeting (or for the HOA to do so regarding an issue requiring a vote to change the ammendments.)

Would paying the treasurer fall under that category? Our bylaws state for the first 20 years (4 left) it requires 90% of members approval to ammend them. It does specifically state all positions are to be unpaid and on a voluntary nature.

 

[festival]

Recalling a board member (ousting) usually requires a large majority that can be very difficult to obtain. It is usually a lot easier to prepare and get elected at the next annual meeting.

It is normal for a board to appoint other board members when there is a vacancy.

$500 per month is too much to track 112 units and pay the bills, but the treasurer may be doing a lot of other the management of the association, which often has to be paid for.

The monthly meetings are most likely board meetings, not member meetings. These are covered in a different section of your bylaws.

It's great that you are taking an interest and are willing to serve on your board.

The board and treasurer may have explanations for your concerns. Have you asked? I would do a lot more investigating before assuming all is bad or that you can do better. There is always another side to the story.

 

[Not4today]

thanks for advice, need all I can get

Asking the board has resulted in no answers at all, which is part of my issue with it all. At the annual meeting they (the bulldog, the others never talk) would only reply with "would you do it for free?"... "we don't have all the records to make decisions (roofing nightmare).... etc.

It was truly a waste of time because they didn't answer any questions and didn't give any information out other than the lawn maintenance issues and how "no one else would bid on it" ~ so it was given to the 'bulldogs' nephew with no other bids. He wouldn't even say if they had posted for other bids ~ same with the fence repair and painting on the trim work. Given to his family with no record or knowledge of even attempting to secure other bids.

As for the treasurer, no one seems to know what else she may be doing and the two former treasurers have said there were no extra duties. We now have 10 people on our board, which represents 15 of the 112 homes out here.

Was just hoping we were allowed to find out what is happening without having to wait until the annual meeting where it's to late to change anything or give an opinion that would matter. The last time I asked for a copy of the minutes was a joke. Nothing but the basics of 'call to order', 'what a great job we are doing' and 'adjourn the meeting'... selective recording and transcribing I suppose.

Thanks so much for all the time you put into helping people! So awesome...