H.O.A. officers self-promoted to Gods, lacking checks and balances.
This is a second installment of my first submission. I just finished mediation for my lawsuit and wanted to add what I'm learning.
I apologize for repetition with my earlier submission, but, I don't have a copy of it.
Our HOA officers' group consists of 9 people, 2 of which are helpful, reasonable people, 1 of which is God in his own mind, and 5 who follow obediently. The God has been in place for as much as 30 years! He was treasurer for at least 12 years, when I pointed out our HOA's rule that officers are limited to three year terms. His response was to become president and change the rule. Unfortunately, it wasn't a covenant. Until 2 years ago, when I pointed out in an annual meeting, that HOAs must have secret ballot votes, our ballots were signed. Now, we sign the envelope.
But the biggest problem is that the president ignores covenants and claims the board can decide"how to interpret them," even if that interpretation is directly conflicting with the covenant. They decide what covenants will be ignored and what will be enforced. Our only recourse is lawsuit, sincetthe board will reject any compromise in mediation.
"But, you say, they can't be too bad, the neighborhood puts up with them." Yes, apathy is the problem that creates most HOA problems. 170 of 305 households vote. Most vote for the "old guard," who works actively to keep any new, reasonable person away from the board. Several attorneys told me they would take my case, a covenant issue, based on its merits, but backed out when I answered their question, "Which neighborhood?""Nope, that HOA is relentlessly crazy."
The money gets poured into pleasing the "Pond people," the 140 who live nearest the ponds in the neighborhood, who get all their pet projects done while the rest of the neighborhood gets neglected. Those 140 votes keep the God and his follower board in office, in spite of their not being a majority, owing to the apathy of the majority.
HOA boards have learned from management companies, that they can do whatever they want because they are "town council, supreme court, and executioner," with no checks and balances. If I sue them, I am fighting their insurance company with my personal dollars, which is what I'm doing.I thought the insurance company might solve the issue to save money, but, they know the system is rigged in favor of the board, so, homeowner be damned. My only hope is that a majority of the jury has lived in an HOA and knows how corrupt they can be.
In mediation, the HOA offered nothing by way of compromise. I hope our HOA God and his followers are punished by a fair court. No fewer than 10 attorneys have told me I am interpreting the covenants correctly, including several neighbor attorneys and our management company's in-house attorney, who used to be, and will be again, the advisor for our HOA board!
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