Our property is part of a homeowners association. The people who control the dues do not follow most if any of the CC&Rs or By Laws. They claim since we only have 44 homes in the association and the binding documents are written for much larger tracts they do not have to follow the rules unless they choose.
They do not hold elections that I know of. Have been there 5 years and people seem to come and go off of the board. Yet no elections.
They do not notify all homeowners of meetings. I have only been notified of 2 meetings in five years.
They use the majority ( about 95%) of the homeowner's dues to develop and maintain county property that lies adjacent to the track. With city help in financing they have put in some play equipment and plan on more. The CC&Rs and By laws state that homeowner dues can only be spent on Common areas ( examples of common areas are Mail boxes and development sign ), or homes ( if approved of by homeowners ). It also states that any expenditure in excess of $5,000 needs to be approved at a meeting with very specific guidelines and 2/3 of the homeowners.
Even though CC&Rs state that you have 6 months to remove supplies / complete work on house or lawn. If they choose the 'board' sends out notices to some families after 1 month telling them to clear supplies. This and other rules that conflict with CC&Rs and By laws.
Is there a way to stop this behavior and improper use of homeowner funds? Or to invalidate the CC&Rs or By laws to end this? Something that will not cost thousands of dollars to stop the waste of hundreds yearly? Is there a government agency I can go to to pursue this?
I have been withholding payment of dues but I know that I am not entitled to just opt out of payment.
They do not hold elections that I know of. Have been there 5 years and people seem to come and go off of the board. Yet no elections.
They do not notify all homeowners of meetings. I have only been notified of 2 meetings in five years.
They use the majority ( about 95%) of the homeowner's dues to develop and maintain county property that lies adjacent to the track. With city help in financing they have put in some play equipment and plan on more. The CC&Rs and By laws state that homeowner dues can only be spent on Common areas ( examples of common areas are Mail boxes and development sign ), or homes ( if approved of by homeowners ). It also states that any expenditure in excess of $5,000 needs to be approved at a meeting with very specific guidelines and 2/3 of the homeowners.
Even though CC&Rs state that you have 6 months to remove supplies / complete work on house or lawn. If they choose the 'board' sends out notices to some families after 1 month telling them to clear supplies. This and other rules that conflict with CC&Rs and By laws.
Is there a way to stop this behavior and improper use of homeowner funds? Or to invalidate the CC&Rs or By laws to end this? Something that will not cost thousands of dollars to stop the waste of hundreds yearly? Is there a government agency I can go to to pursue this?
I have been withholding payment of dues but I know that I am not entitled to just opt out of payment.
