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Boards are well advised to seek legal counsel in this situation. Unfortunately, laws have not caught up with technology.
An owner who does not use e-mail, including a board member, can claim an action against a board that conducts business by e-mail.
A thoughtful board will lay a transparent foundation for conducting some communication by e-mail among its members, and will invite owners interested in knowing about board business to receive copies of these communications.
Owners may not contribute until asked, as they are not able to contribute at board meetings until asked.
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∙ 10y ago
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Does one HOA board member have more power than another HOA Board member or are all HOA board members considered equal?
they all equal in a way
Can a convicted felon be on HOA board?
It is unlikely that there are any controls on who can be on a HOA board. I would suggest that you research your bylaws for the best information.
Can a homeowners association board member be removed. If so for what cause?
Yes, a homeowners association (HOA) board member can be removed. The specific process and causes for removal can vary depending on the HOA's bylaws and state laws, but some common reasons for removal include violation of fiduciary duties, misconduct or unethical behavior, financial mismanagement, failure to fulfill board responsibilities, or a breach of the HOA's governing documents. It's important to consult the HOA's bylaws or seek legal advice for the specific requirements and procedures for board member removal in a particular HOA.
Can your HOA pick and choose the bylaws they want to enforce?
The board can and many do: all are in violation of their legal obligations when boards enforce governing documents selectively and unevenly.
In Florida does a hoa board member need to be on the deed?
In Florida, there is no legal requirement for a homeowner association (HOA) board member to be on the deed of a property. However, the association's bylaws may outline specific qualifications or requirements for board membership, such as being an owner or resident in the community. It is essential to consult the HOA's governing documents for specific requirements.
In Texas what if the HOA board approved the board president to be compensated because she was the president?
If the HOA board approved compensation for the president, it would depend on the rules and regulations outlined in the association's bylaws and governing documents. If allowed, the president can be compensated as long as it's within the limits set by the HOA. If there are no specific provisions regarding compensation, it's advisable to consult legal counsel or refer to the governing documents for more information.
Is it legal to maintain email addresses for HOA?
A Home Owners' Association can establis and email address or any other web presence that its managers think are desireable for its oepration. If a Web site with protected access by owners is created, the association must accommodate owners who do not use the Internet when the board uses the site to communicate information to all owners. Once established, the board is well advised to notify owners of its presence, its use, and requirements involved in contacting the board -- and other owners -- using the site. In conjunction with the site -- or without one -- board members can establish an e-mail address for the exclusive use for board business. Best practices dicate that the board establish a set of expections for use of e-mail: response times, use and so forth. E-mail messages are legal documents that represent HOA business. They can be subpoenaed and used as evidence in a court of law. Owners can request access to them, to read them and to copy them. In this context, e-mail can be expanded to include instant messages -- texts -- and other digital forms of communication.
What makes a legal HOA?
An HOA is established by a developer, who files land-use documents with the local hall of records. In addition, the developer can incorporate the HOA under Articles of Incorporation. Governing documents, including CC&Rs -- the land-use documents that list covenants, conditions, reservations and restrictions -- Bylaws for conducting the business of the association and so forth are prepared. Any action taken by representatives of the HOA, including board members and owners, is potentially a legal action.
Do all HOA members have to be contacted for it to be considered a legal HOA meeting?
Your state law that governs home owners defines whether or not board meetings are to be open board meetings or not. Open board meetings require that all owners be notified as to the date, time and location for board meetings. Notice is required within a time period, such as 72 hours at a minimum. Boards interested in showing leadership will also add an agenda to the notice.
What to do if you're the victim of an HOA approved 6' tall privacy fence?
'Victim' is a strong word. Take your complaint to the HOA board and voice your concerns in an open board meeting. The board may be able to assist you in mitigating your 'victim-hood'.
Is there anytime an HOA cannot file a lien?
It would be improper for an HOA to file a lien if there is no legal reason to file such a document.
In CA is recording of HOA board meetings legal if the board doesn't approve it?
In California, recording HOA board meetings without the board's approval is generally legal. The state's law allows for the recording of conversations as long as one party to the conversation consents to the recording, and the person doing the recording is typically considered the consenting party. However, it is advisable to review the specific provisions in the HOA's governing documents as they may contain restrictions on recording meetings.
