Question:
1.) We have a property Management company that is helping the HOA Board President make changes to the 2017 ByLaws without complying with the restriction that the 2017 ByLaws can not be changed without holding a special meeting with votes at the meeting and proxy votes.
The Property Management company removed the 2017 ByLaws from our website files; created new 2021 ByLaws that changed the meeting and vote requirement to allow changes by Board vote only with no notification to residents.
???Are the 2021 ByLaws invalid and our HOA currently should use the 2017 ByLaws???
2.) Our Board election is in a few days and found that the proxy vote ballot doesn’t require a signature from the homeowner. Anyone can fill in the name and address & check the ballot and mail it in to the Property management company who informed us they will only give us a vote tall, but not the names of those who submitted proxy votes.
???Are signatures required for proxy vote of a HOA bd election???
3.) We have a more pressing issue with the board, developer, and property management company working together to help the developer build 19 townhomes on 6 lots against the restrictive covenants. Our HOA has used $7,000 of our dues to pay a lawyer who is working for the developer.
– Suzanne
Answer:
Hi Suzanne,
Any changes to your bylaws should follow the procedure for amending bylaws as stipulated in your governing documents. If the company has removed the bylaws from your website, try securing a copy from your county recorder’s office (if it was filed there). Amendments that were made in a procedurally flawed manner are typically unenforceable.
Proxy vote ballots typically require the signature of the homeowner. However, make sure to check your governing documents to see what the exact requirements are in your association.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
