Dock Associations and Lawsuits

[Margo Patterson]

Jurisdiction

Missouri

We have a situation whereby an attorney is the President for two years and we have no copies of signatures / tally or votes for the replacement dock. I have asked several times for this information but have been ignored in persona and in emails. I never received any disclosure statements from the previous owners other than they voted yes. The cost is a moving target and I hear if they have enough votes I am forced to pay or lose my slip. Don't I have a right to request proof like a formal audit? Do we have any lawsuits that I can refer to on this matter?

 

[adjusterjack]

First place to look is your association's bylaws and/or CC&Rs (Covenants, conditions, and restrictions). You should have gotten a copy when you bought the property. If you didn't get it, ask for it. If you don't get cooperation, see if the document was recorded in the county records and get a copy that way.

If your association was created as a non-profit it is also subject to the Missouri Nonprofit Corporation Act:

Missouri Nonprofit Corporation Act - Title XXIII - Chapter 355 — Homeowners Protection Bureau, LLC (hopb.co)

Study up.

If you aren't sure, you can check the status on the IRS website.

Tax Exempt Organization Search | Internal Revenue Service (irs.gov)

If it's not a nonprofit you are back to the CC&Rs and bylaws.

Check out the following website. Scroll down a ways and read about HOA contact information and documents.

Missouri HOA Laws, Rules, Resources & Information — Homeowners Protection Bureau, LLC (hopb.co)

Understand that it's possible that the association's board of directors may have the authority to make the decision without putting it to a vote and the property owners may still be obligated to pay.

That's one of the risks you take when you buy into an association. You bind yourself to the association's decisions simply by buying the property.

 

[zddoodah]

You seem to have dropped us into the middle of a story without providing any foundational information

We have a situation whereby an attorney is the President for two years

President of what? Who are "we" in relation to the attorney and whatever the attorney is president of?

we have no copies of signatures / tally or votes for the replacement dock.

Huh?

I have asked several times for this information but have been ignored in persona and in emails.

Asked whom?

I never received any disclosure statements from the previous owners other than they voted yes.

Disclosures of what? Previous owners of what? Voted yes about what?

I could go on, but I suggest you back up and tell us the full story.