What to do when HOA's will not follow the convenants?

[capt123]

What is the name of your state? GA

Brief background: The HOA called for a special meeting to vote on an increase ($30) in dues. The convenants requires at least 2/3 of eligible members to approve (2/3 of 38 is 26). 21 voted for it. The BOD claims it passed. BOD raised dues. Now what?

BOD claims it only takes 15. (That's right 15 of the 38...not even a majority)

What can I do? Besides not pay and have a lien placed on my property?

What are the steps? What kind of attorney? How long to rectify? How much money to correct? Who will pay?

Thanks.

 

[mrdonsmith]

Are you saying the recorded COVENANTS themselves prescribe what quantity of vote is required to raise the dues, or conduct some other business? I ask because usually that type of matter is covered in the HOA bylaws which themselves describe what quantity of vote is required to change the bylaws. Also, make sure whatever wording you are referring to doesn't indicate what constitutes a quorum of members. It may be that a sufficient number attended the meeting and a sufficient number there voted to pass the motion. As to moving against the BOD if they violated covenants, bylaws, whatever, you and any neighbors you can round up would likely have to bring suit and pay for it. You might get a judge to rule in your favor, i.e., that the process was violated by the BOD, and order them to do it over. But, is it worth it? You won't be able to recover your legal expenses and the amount you are talking about seems pretty small. Best bet, if the BOD is behaving badly, is to get your neighbors to vote them out of office and replace them with more responsible individuals. If you go the lawyer route, while there are attorneys who specialize in homeowner association law, they're usually in larger cities with lots of condos. It is likely all you would need is a general practice lawyer, not necessarily a real estate expert particularly if all he/she did was handle closings and the like.

 

[seniorjudge]

Q: What to do when HOA's will not follow the convenants?

A: You hire a lawyer and sue.

 

[HomeGuru]

I agree, fine advice.