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Found 3 results

  1. Can an HOA create fake news about me and restrict my presents from their office? I am taking them to small claims for reimbursement of water damage resulting from tree-roots on common area clogging the sewer line on common area causing flood in bathroom bedroom. Results are drying,replacing dry wall, carpet matting and re painting. They removed the tree on their common area but only want to pay half of resulting damages. And now are claiming I'm disrespectful too staff...who I've checked with and verified that they are miffed by mgrs claims! They like the facts I'm not going too roll over too this ridiculous stuff and I'm now considering a defamation battle ....which I do not want to pursue but it's my reputation and now lives in a file and I'm going to buy more rentals in this 55 and older retirement community! I like this beautiful place and the beautiful older neighbors..... Thanks.....Jimmy
  2. Guest

    who has authority

    My question is this. We are a small private club consisting of these officers; pres., vice pres., rec. secretary, financial secretary, treasurer, three trustees and doorman. Nothing really specific is written in the bylaws as to who has the overriding authority. In the past we have always tried to work collaboratively as officers to do the best for the membership. However recently we have some officers who seem to be power happy and are making decisions that require the approval of the membership, on their own. The basic question here is; Can the President do anything to prevent trustee's from making these (illegal decisions) ?
  3. our association has some 20 motions ,properly adopted over the years by the membership,at general membership meetings, about our travel policies. some rules and motions are strictly monetary [ spending limits], others are not [ have to do with proper behaviour, ec]. the board reviewed the full set of existing motions, left some intact, rescinded others, revised, combined etc. some now claim that this is an act of amendment of something previously adopted, and as such has to be voted on by the membership. But the parliamentarian ruled that the board's vote is enough. the bylaws say: " Powers of Directors: Subject to the powers of the membership ...all corporate powers of the Association shall be exercised by or under the authority of, and the business and affairs of the Association shall be controlled by the Board. Without limiting the generality of the foreging,the Board shall have the following powers:...... B. to conduct, manage and control the affairs and business of the Association, and to make such rules and regulations therefore that are not inconsistent with the law and with the articles of incorporation or with the bylaws." [The bylaws say that the Association shall follow Roberts Rules.] Now then: Some say that the revision of the existing set of motions is rescinding or amending something previously adopted, and as such it needs the procedures outlined in RR. Others say that the power of the Board is to manage all business functions of the Association, the adoption of rules is such a function, and therefore it is under the sole jurisdiction of the Board, and that the bylaw does not delegates this power to the membership, and so the Baord alone has the power to make rules. What say you? Thanks.
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