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If the board is found To Be "fixing" an annual election in order to keep the Status Quo, they should be:
 
Prosecuted to the full extent of the law:
 80%
Recalled:
 19%
Complimented on making the effort to "Save The Community":
 1%


Page # 1 2
11. Here are some ways to empower yourself  
  Re: Comment: 10. Who can stop election fraud in our hoeowners association?

Here are some ways to empower yourself:

• LIST your Homeowners Association Include the names of each of your board members, lawyer, management company and manager . and their contact information, including emails. You can then use this information to mail, fax and mail your communications. (emails addresses will not appear on the web)

e.g.Example of a Directory Listing for a Homeowners Association

• COMMUNICATE • SPOTLIGHT • PUBLISH using private or published communications. You can add emails of authorites, lawmakers, interested parties, and media in any of your communications so they immediately receive a copy of your letter or complaint. You can also fax or mail the the communication .You can send files and images with these communications. Copies of your communication are stored in your private user account uder My Tools

You can later open dialogues with each of your board members and manager by using • Write a Letter or • Write a Complaint from your HOA Directory Listing on AHRC.

See: Homeowners, Write, Track and Publish Letters to Government, Vendors & HOAs using the AHRC Website

For more Self Help ideas see:

• FINDING HELP ON AHRC - Publishing, Commuicating, Campaigning, Networking, and getting help

Posted Aug 2 2006 11:19PM CEST
 
  Username withheld
, California
 
10. Who can stop election frraud in our hoeowners assocaition?  
  We have a board that does not even announce upcommng elections. They say they do not have too.

Who can stop this action?

They send notices of the annual meetings, along with a (blank)proxy to sign with instructions to return it to the president.

Since there are only 16 homes and 110 property owners the proxys always outnumber the attendees (especially when the annual meeting is held at 6 PM on a Friday evening). The president of this association "Rules" this POA and we are all his subjects.

Signed,
No home for this owner in Texas
Posted Jul 30 2006 8:54PM CEST
 
  Username withheld
, Texas
 
9. I just went through an election with one of the board members withholding ballots. There was nothing legal that could be done to him.  
  I just went through an election with one of the board members withholding ballots. There was nothing legal that could be done to him. The membership would have had to sanction him and then could only remove him from the board.
Posted Jul 30 2006 4:13PM CEST
 
  Alberta Wasden (View Profile)
Wagener, South Carolina
 
8. To Richard: The following article may give you some ideas for solving your homeowner association problems  
  Re: Comment 7. The board we have is illegal because of the election procedures used by our CAI attorney

Richard:

The following article may give you some ideas for solving your homeowner association problems

FINDING HELP ON AHRC - Publishing, Commuicating, Campaigning, Networking, and getting help
Posted Jul 29 2006 7:45AM CEST
 
  Username withheld
, California
 
7. The board we have is illegal because of the election procedures used by our CAI attorney  
  The board attorney who is a member of Community Associations Institute (CAI) has allowed the last election to proceeed despite

He refused to allow proxies to be used, - our bylaw allow this (and as directed by H. U. D. )

He allowed non-shareholders to vote .

He has filed a SLAPP suit ordering members that they cannot wtite to any government agency including the State

So far he has cost the association over $25,000.

The board we have is illegal because of the election procedures used and it is totally out of control.

Richard
Posted Oct 5 2005 9:20AM CEST
 
  Username withheld
, California
 
6. Our Board is out of control !  
  That's exactly what our Board has been doing for years!

Last year our mailed out ballots needed to be returned to the management office by Monday----the Annual Meeting was two days later, Wednesday "at which time nominations will be accepted". What a joke!

Hardly anybody shows up for the annual meetings, and the Board knows this. The mailed out ballots only had incumbents listed-------so, the fix was in!!

Our Board is out of control, and not even trying to be covert anymore!
Posted Jun 17 2005 8:47PM CEST
 
  Username withheld
Houston, Texas
 
5. Our candicate only got in because they couldn't count. What can we do??  
  I will be running for the Board of Directors at our upcoming annual meeting. The board of directors has sent out a new proxy form which specifically gives the Board of Directors the right to vote on your behalf unless you specifically write in someone else's name. That form must be returned to the Board of Directors.

The proxies will be counted by the Board of Directors at 5pm the evening before the elections. I have requested to be present at the counting of the proxies and the President has refused to give permission but said he will discuss it with the other directors. Some directors have been in power in excess of 10 years and 1 close to 20 years. They have assumed complete control of the association and the election process.

Last year after the election was closed and the meeting was closed the President reopened the counting of the ballots. Our candidate won by only 2 votes after they added proxies to the count. At the close of the meeting our candidate had 101 votes and their candicate had 57.

After the recount their candidate had 99 votes. Our candicate only got in because they couldn't count. What can we do??
Posted Apr 22 2005 11:52PM CEST
 
  Username withheld
, Missouri
 
4. Homeowners and board members who ask for financial information are sued and removed  
  Re: Comment # 3 Comment 3. It takes perseverance, stamina, intelligence and know your CC&R's and By-Laws, and... make sure you keep meticulous records.

Where have you been? Look at the litigation records and the complaints about of the CAI foreclosure lawyers.

There have been repeated incidents of lawyers suign and removing board members and homeowners over requests to see finances and records. e.g. Loma Vista Homeowners Association - San Juan Capistrano board , Marquis Management and Fiore, Nordberg Woolf-Willis had spent $500,000. of the reserves illegally on lawsuits. Board members were sued and removed.

Marquis, Peters & Freedman have been involved in doing recalls of board members in homeowner associations in Riverside and Orange Counties.
Posted Mar 9 2005 2:20PM CET
 
  Marie Anderson
Los Angeles, California
 
3. It takes perseverance, stamina, intelligence and know your CC&R's and By-Laws, and... make sure you keep meticulous records.  
  "If a new homeowner asks question is sued or removed".

I challenge her to state and provide some proof about her ridiculous statement.

1. Sued for what? If they file a maliciuous and nusaince suit they will be "clobbered" by any Jr. attorney just out of law school.

2. Being removed? How? CC&R's and By-Laws defined clearly the reasond to remove a Director. (Felony,responsible for missing funds...etc).

3. I read religiously "ALL" the corrispondence by the various people. I find most of the times that their "horror stories" are exagerated or misrapresented or incorrect. I have some disturbing stories to fill few pages, but I am starting to doubt the sincerity and the truhfulness of some readers.

Thank you,
John Rosati
P.S. Please, if you are sued, contact me and we will split 50/50 .the profit we are going to make...LOL (after paying the 40% legal fees).

N.B. I have fought for 20 years HOA and never lost a case!!!!!!

It takes perseverance, stamina, intelligence and know your CC&R's and By-Laws, and... make sure you keep meticulous records. If you go to Small Claim Court, never accept a pro-tempore Judge, instead, demand the case to be heard by a real Judge. It is your right under the law.
Posted Mar 9 2005 8:16AM CET
 
  john rosati
, California
 
2. If a new board member asks any legitamate questions they are immediatly sued or removed.  
  I would like the answer to this as well.

We purchased our home over a year ago, we have asked our Homeowner Association Board for information on audits from the management company thats running our golf course, country club etc.

Our Homeowners Assocation has never had the Management. Company audited, The HOA board said they didnt need to. Is this legal?

Our President and Vice President. have been on the board for over 8 years. If a new board member asks any legitamate questions they are immediatly sued or removed.


Posted Mar 8 2005 10:47PM CET
 
  Jennifer Duffy (View Profile)
Agoura Hills, California
 
Page # 1 2
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