You can request a meeting with the HOA board to discuss your concerns in person. Bring your documentation and be prepared to present your case. If communication between you, your neighbor, and the HOA is strained, consider mediation as a way to reach a resolution without going to court.
Unhappy homeowners can sue the HOA and the board members individually for any number of reasons; for example, if the HOA fails to properly maintain a common area, or discriminates when enforcing a rule. The best protection against liability as an HOA Board member is to take what you do seriously.
However, when you're organizing a typical HOA meeting, you should follow this agenda: Call to Order. Review of Last Meeting's Minutes. Committee Reports. Discussion About Any Unresolved Issues. Discussion About Any New Issues or Projects. Open Forum (Optional) ... Adjournment.
If a meeting of the members is called by a petition signed by the required minimum number of members (at least 5%), the purpose of the special meeting must be set forth in the petition in order to indicate the basis for the requested special meeting (i.e., if the special meeting is to reverse a recent change to the ...
Examples of a breach of fiduciary duty include: Using association assets for personal benefit. Putting your interests before the community's needs. Making decisions outside of your authority.
The court may be more likely to issue one after observing a pattern of behavior from the offending homeowner. You may also need to provide evidence of the HOA board harassment like copies of emails, voicemails, and videos. Despite being a tedious process, it must be done.
Report on specific dialogue or personal opinions of what was said at the meeting. While some HOA Boards may be tempted to record this information in an effort to be transparent, this is a big no-no. This will also help to keep the length of minutes down. Include homeowner forum topics and discussion in the minutes.
Examples of homeowner association harassment Offensive language, including derogatory comments and personal attacks. Threats of physical, legal, or financial harm. Some residents report that some types of harassment include fines and penalties, as excessive fines may be levied for minor infractions.
Second, association members—not just the board—can call for a special meeting, if they get a minimum number of signatures on a petition that states exactly what issue or problem they want to address. Homeowners give the petition, with its stated purpose, to a board member who schedules the special meeting.