TracyK
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That makes sense, Josh. And I realize they don't know what will happen at a meeting, but the Board will have decided on a list of topics they plan to talk about. And yes, I'm looking into Indiana law, also. It's mainly frustrating that they're simply not making residents pay dues, even though the bylaws state that is one of the management company's responsibilities, even if it means to send the homeowner to collections or put a lien on their property. Instead, they raise the dues and the rest of us have to pay the difference.
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As for ways they're not following the bylaws: these state that the management company is responsible for collecting dues and ensuring that collection if that means sending the homeowner to collections and/or placing a lien on the homeowner. The management company confirmed it is not doing those things; instead they are simply raising the dues for all to cover for those who can't or aren't paying. Is there anything we can do?
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Thanks Dan and Josh. I guess we need to make our bylaws clearer and more specific then. How is a member supposed to know what is going to happen at an annual meeting or any meeting if there is no agenda sent out before?
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The bylaws state they are following Roberts Rules and I thought those required an agenda be sent in advance and that the agenda be specific enough so members know what will be discussed, if any votes will be taken, etc. Is this not true?
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Thanks, Josh. So a ballot vote like that doesn't have to be verified by any second person, not even a Board member? My husband and I weren't there because they weren't following any COVID protocols and everyone was crammed into one of the neighbor's garage without masks or social distancing and we're just trying to figure out if there is anything we can do. The vote was to raise dues significantly because some residents aren't paying their dues but the management company isn't doing anything to collect from them. They also didn't send an agenda out in advance nor follow their own rules in the bylaws.
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At a recent HOA meeting, a secret ballot vote was taken to approve or reject an increase in dues. The results were seen and reported by the HOA management company rep who is not a voting member nor a member of the HOA Board. She did not show the results, which she said were unanimous, even to the Board president, who apparently didn't care to see the results. Is this a valid vote if the HOA management person was the only person who saw the results?