Question:
I have been living next to a known delinquent homeowner who refuses to keep his home in accordance with HOA rules for years. I’ve complained to my HOA, the management company, the town for blight & the state of Connecticut. The association rules state that if a property owner fails to maintain his property. The HOA will do it for him (paint his house, mow his yard, remove dead trees & remove garbage including 2 abandoned vehicles).
– John
Answer:
Hi John,
If your HOA is not enforcing the rules, try approaching the HOA board or bringing up this issue at the next open board meeting. If that does not work, you can attempt to remove the board members from their position. Section Sec. 47-261d of the Connecticut Common Interest Ownership Act states the following:
“(a) Notwithstanding any provision of the declaration or bylaws to the contrary, unit owners present in person or by proxy at any meeting of the unit owners at which a quorum is present, or voting by ballot pursuant to subsection (d) of section 47-252, may remove any member of the executive board or any officer elected by the unit owners, with or without cause, if the number of votes cast in favor of removal exceeds the number of votes cast in opposition to removal, except that: (1) A member appointed by the declarant may not be removed by a vote of the unit owners during the period of declarant control; (2) a member appointed under subsection (g) of section 47-245 may be removed only by the person that appointed that member; and (3) the unit owners may not consider whether to remove a member of the executive board or an officer elected by the unit owners at a meeting of the unit owners unless that subject was listed in the notice of the meeting or in the notice of the vote by ballot.
(b) At any meeting at which a vote to remove a member of the executive board or an officer is to be taken, the member or officer being considered for removal must have a reasonable opportunity to speak before the vote is taken. If the vote is taken by ballot pursuant to subsection (d) of section 47-252, the member or officer being considered for removal shall be given a reasonable opportunity to deliver information to the unit owners as provided in said subsection.”
The procedure for removing a board member is typically outlined in the governing documents as well. Your final option is to take legal action, which would best require the help of a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
