Posted on : 04-17-2012 | By : askinglaw | In : Homeowners Association, Legal Questions, Real Estate Law, Statute of Limitations
In 1992, the ruling HOA board stepped down and other homeowners elected themselves as the new board without going through the process as stated by the by-laws. They immediately imposed a $2000 assessment due in one month and raised the dues 37%. At the association meeting, they tried to ratify their actions by a show of hands; the by-laws clearly stated that any amendments must be passed by a 66 2/3% of the homeowners, based upon the size of each unit which was assessed a percentage, i.e., my 3-bedroom unit had a .75% voting value. This meant that every homeowner should have been listed with their voting percentage, not just counted by a raising of the hands. Three of us sued and with a bored, uninformed judge, we did not win. This whole action cost me $6350. Even so many years later, is there still a chance that because the board was illegally chosen by themselves and did not follow the by-laws to force an assessment that all their actions can be nullified?