officer change with proxy

[Guest reb]

 

When you describe the worse POA Its this one! The Developer was the Authority of the DCC&R until IF form the association would have strict terms in DCC&R. This development went bankruptcy and none the amenity was built so the developer did not form an association. The developer said shown 51% of property owner votes in favor he would form. Subdivision never collected 51 %. A Group of property Owners 1999 to 2003 formed a volunteer association. It was to police DCC&R after rumors of cabins and trailer houses coming to the subdivision and the DCC&R was for site-built 1500 sq foot. In 2003 new property owners said to be a stricter association they would take over and they did. Group mostly all family members living in homes that neighbored each other. ! In 2008 A property owner challenge group to get 51% votes by property owners to form and if not then at least change officers ( rotating among themselves for 5 years) The 2008 annual meeting was dismissed until another date that never happens but the challenging property owner got sued by the association using all the money that members had paid for dues. In the same county, their lawyer and Judge grew up as best friends. A confused Jury voted in favor of both sides but the judge ruled they were a legal association. Dictating their powers this association was rewriting their private set of bylaws when the wind changed. This group has bullied and dictated for 15 years ( again mostly family members and rotating among themselves). Every time other property owners run for election of office the association group adds another the reason why they can not be an officer because it is written the private set of bylaws ( not written in DCC&R). Help how to release this subdivision from purgatory on earth?

[Hieu H. Huynh]

I don't think this forum will be of much use for your situation.

[Josh Martin]

8 hours ago, Guest reb said:

Help how to release this subdivision from purgatory on earth?

As a parliamentary matter, the solution would be to first view the bylaws to see what they actually say. Members have a right to view the bylaws. After determining what the bylaws say (especially concerning the amendment), attempt to amend the bylaws (such as the rules pertaining to officers). It may also be desirable to consult a professional parliamentarian in your area (both the National Association of Parliamentarians and American Institute of Parliamentarians provide referrals) and an attorney.

[reb]

The by-laws were written by the private group  every year they either rewrite or amend with out any approval. 

Each year another property owner tries to take over office and get new blood  for board members .

Each year they make reason  why others can not run for office .

Property owners told that the (not written in DCC&R) reason  used was in their private by-laws.

Can the board write by-laws  or amend  without a majority vote .

Also every member on board votes  and  then count show of hands . 

DCC&R reads one vote per property owned.

If property owner has several lots  then one should  raising  hand reflex all votes.