Question:
I am a former President of our HOA and now retired. For the past 3 years our current HOA board has continued to not follow the written community HOA rules. We have not had any meetings, no elections since they became members 3 years ago, all rules and bylaws have not been properly and impartially administered equally, and finances are in a disarray. Residents are asking many questions but getting no response. They technically are not the actual board because we have not had a vote by ballot in over 3 years. We need guidance and assistance as our community is being rundown now.
– Kelvin
Answer:
Hi Kelvin,
To begin addressing your issues, organize concerned homeowners and request (formally and in writing) a membership meeting under your bylaws or O.C.G.A. Section 14-3-702. This statute allows a certain percentage of members to demand a special meeting. At that meeting, you can push for board elections or vote to remove and replace board members.
You should also request access to financial records and minutes under your rights as a member, as allowed by O.C.G.A. Section 14-3-1602. The board must provide these within five business days of a written request. If they fail to do so, it strengthens your case for action.
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Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
