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Jessica

Jessica

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Lawyer's, Assistant
I a group of homes a HOA was established by the seller prior to putting 62 5 acre on the market. A group of people after a few years went by and got together and moved into existing lots. They intern formed and had enough votes for the board of directors. Without telling anyone they have got together and completely rewrote the rules and regulations as they wanted them. We received their packages of this on this Christmas Eve. which is 15 years after we have filled 62 5 acrer lots. Our question is can the board do this without a vote of the homeowners?? Do we need a GOOD LAWYER to fight how they made changes to march to their orders??
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, we just received them on Christmas Eve. Before we hire a lawyer. We need to even know if they have the right to do this. I am sure everyone has not read them as yet. But by the phone calls I am getting from the original 62 5 acre parcels that were sold there is a bunch that are very unhappy.
JA: Where is the home located?
Customer: Carbon River Highlands in Buckley WA. Just above South Prairie.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Several of us want a lawyer that is willing to sit down with us and is willing to look into the original and new one written. First to let us know if a boad can even do this in a existing HOA. We have been told only by the board a lawyer said they have the right to rewrite the rules and regulations. On a previous board I was on for 12 years you always had to have a vote to accept changes by the homeowners.
12.27.2022
I have a 2 daughters that live in my house One of them is causing trouble with the other I it has made me consider moving home sooner I am nearing retirement and want to move home the one daughter is having her kids gang up on us I did not have a lease she pays no rent what are my options My middle daughter got physical and pushed my oldest daughter she has 11 stints in her heart then I was talking to my sister and she comes out screaming at me my sister I had to let my sister go the grandaugter that caused this grabbed my baby granddaughter that was next to me my second to the youngest granddaughter moved in my way then I was reaching for my youngest grandaughter and she pushed me down I am 63 years old her and her boyfriend she is 14 live here and smoke pot I could get fired from my job I work in the pharmaceutical company
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: no I am trying to figure out what to do?
JA: The Real Estate Lawyer will be able to walk you through that. Where is the house located?
Customer:*****so Mpls my 55407
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The reason this is going on is my granddaughter that pushed me told her therapist that she did not like the way my oldest daughter raised her baby and my house was infested with mice anyone who lives in Mpls knows we have mice When me and my husband lived here we always had cats because of this the worker dismissed her claims her mom also lied to me I knew it was someone in the house that called CPS by the questions they were asking my daughter has a camera in the house all over which I never said she could and she has changed the locks so if I leave the house I cannot get back in
12.27.2022
I live in New Braunfelss, Tx. outside the city limits in the Mesquite Ranch neighborhood. We are a 25 home community who have decided to elect our own board members and manage ourselves. 24 out of 25 owners have chosen to vote the H.O.A. out with one house still empty and is owned by Clayton homes who is also the developer. We have no common areas no public areas, there is a 2 acre retention pond that we would be responsible for taxes and maintenance and we have decided we don’t an outside management to handle our business. There are a lot of other factors that would be easier covered in person or over the phone. We 24 out of 25 signatures to vote the H.O.A. out.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have typed a letter that we are giving them a 30 day notice that there services were not needed and that we intended to have a vote to remove the board and elect our own, we have not sent that letter because we don’t know who our board of directors are or who authorized the management co. to handle our business and only had any idea they had been hired after receiving bills from them. We have emailed the management co. And requested the names of the board members and are waiting for a response.
JA: Have you talked to a TX lawyer about this?
Customer: Not yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: 1. the seller told all of us that we were only being given the rules to get us thru the closing process and that when the last lot was sold a meeting would be called to set up our own governing body.
12.27.2022
It's a long one, based on our bylaws we voted out our board for our community. The management company is not acknowledging the vote...what do we need to do it other than hire an attorney.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Our bylaws state that we need a quorum of at least 10% of th homeowners, we did that and sent the nmaes of th epeople that attended to AMS our management company. We then sent a voting form hand delivered to everyy homeowners (63 homes) to submit a vote. Not everyone filed it out but our bylaws state we only need 10%
JA: Where is the home located?
Customer: Charlotte NC
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The Clift-Notes version;
We set up a meeting/quorum with the required minimum 10% of the community, not everyone has to attend a quorum per our bylaws. Technically our bylaws state that all we need is the majority of the quorum to vote to remove the board but we gave everyone the ability to vote. In addition to the quorum voting to removing the board we hand delivering a voting form to all 63 homes, we asked them to return the vote to my email before our December 15th meeting with the board. We received 17 votes to remove the board and 6 votes to keep them. See below the exact bylaws pertaining to voting, I’ve included them as well.
BYLAWS:
See PAGE 2, SECTION 4 - QUORUM
A quorum is present throughout any meeting of the Members if persons entitled to cast 10% of all of the votes in the association are present in person or by proxy at the beginning of the meeting. In the event business cannot be conducted at any meeting of the members because a quorum is not present, that meeting may be adjourned to a later date by the affirmative vote of a majority of those present in person or by proxy. Notwithstanding any provision to the contrary in the declaration or of these bylaws the quorum requirements at the next meeting shall be one-half of the quorum requirement applicable to the meeting adjourned for lack of a quorum, and this provision shall continue to reduce the quorum by 50% from the required at the previous meeting, as previously reduced, until such time as a quorum is present and business can be contacted.
12.20.2022
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