This problem HOA board member has strong opinions and is unafraid to express them. They alternate between force and manipulation to get others to agree with what they want. The bully may use intimidation, guilt, grandstanding, or even outright lies to get others on the board to vote on their side.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
In a word, yes. There are certain decisions the board can make unilaterally. On the flip side, there are also some decisions that must go through a membership vote. The limitations of an HOA board's authority differ from one community to another.
Must be a member of the association. No delinquent dues/assessments or current violations of the governing documents. Not involved in legal issues (including litigation) with the association. Must not have a familial relationship or be a co-owner with any other serving board member.
Most state laws and governing documents require a vote to amend the bylaws and covenants of an association. However, for changes to the operating rules, the HOA board does not typically need to secure a vote from the membership. Enacting or changing a rule usually only requires a vote of approval from the board itself.
While HOAs have a certain freedom from First Amendment restrictions as non-state actors, that freedom has to be applied in a fair manner and should err on the side of allowing owners the right to speak freely amongst themselves.
Hold a vote The threshold needed for enacting the change will depend on your state's laws and your association's governing documents. In Georgia, association members must approve any amendments by two-thirds of the votes cast or a majority of the voting power, whichever is less.
Board resolutions exist only to clarify the governing documents or expound on them. In some cases, they may also add to the rules, but they can never contradict the HOA's CC&Rs and bylaws. In contrast, HOA amendments are changes to the governing documents.
Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members.
Here are some common, sure-fire ways to get on your HOA's bad side: Being Oblivious to the Rules. Not Abiding by the Rules. Complaining Without Getting Involved. Renovating or Decorating Without Permission. Displaying Signs of a Political Nature. Not Following the Paws Clause. Having Long-term Guests.