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Property Owners Association Board Question

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Seanagreen

Junior Member
My POA is enforcing deed resrictions and issuing fines to property owners in our subdivision as they pertain to a very loosely interpreted clause regarding trailers parked in driveways. The subdivision passed a petition around in which more than 2/3 of the property owners voted to do away with a subclause that would remedy the issue for majority of the current violators.

This was presented to the board in which they hired a lawyer, said to represent the community, and they said the petition was improperly formed and threw it out. The group of property owners then formed a committee with the county and registered the petition to do it all over again. They recieved a cease and desist letter from the POA board threatening lawsuit if the petition was carried out again.

My question is how can the property owners protect themselves from these 5 board members who clearly have an agenda and want to enforce it upon the entire community despite the communities wishes?
 


LdiJ

Senior Member
My POA is enforcing deed resrictions and issuing fines to property owners in our subdivision as they pertain to a very loosely interpreted clause regarding trailers parked in driveways. The subdivision passed a petition around in which more than 2/3 of the property owners voted to do away with a subclause that would remedy the issue for majority of the current violators.

This was presented to the board in which they hired a lawyer, said to represent the community, and they said the petition was improperly formed and threw it out. The group of property owners then formed a committee with the county and registered the petition to do it all over again. They recieved a cease and desist letter from the POA board threatening lawsuit if the petition was carried out again.

My question is how can the property owners protect themselves from these 5 board members who clearly have an agenda and want to enforce it upon the entire community despite the communities wishes?
Vote them off the board when the next election comes up. Of course, that would require other people stepping up to run.
 

FlyingRon

Senior Member
You and the ohter affected owners need your own lawyer. The HOA has no likely authority to stop you from opposing them. The lawyer can review the POA charter, bylaws and other rules and advise you how to handle things next.

As pointed out, the long term solution is to vote them off the board. If you have 2/3 of the owners behind you, it shouldn't be hard.
 

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