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Help answer this question below.
There are a few rules & regs, that the president claims are ammendments, but we don't have documented in the handbook. We can't enforce these rules, and we cannot just rewrite the ammendment without owner approval. Is this right? For instance, there is a requirement to have brass post lights. The rule is not anywhere in the handbook, but the pres insists that this was ammended by a previous board. Help.
If there is nothing stating that a vote was taken and recorded, then the rule doesn't exist. You'd have a hard time fighting it in court. The past president insisting that there is a rule is not admissible in court.
If there is an amendments you would the minutes, the vote, and the amendment on paper. There must be a community meeting, but this would be in your bylaws and convenants to which your process for amendments. Ask questions for the people who elected you. Make sure your doing this because you can be held accountable if not done right. If it was ammended previously find the minutes that support this claim. Hey, your just being thorough for the right reasons, let the board know this. And if you cannot find this stuff, hold a meeting, and get it done, simple as that. But be transparent and honest for and with your community. Isn't that the reason why you are there, for your community? Just let the pres. know that this needs to be done properly, and if he does not want to get it on the next board meeting Agenda, and force this issue to be fixed.
Thanks, I may have to end up taking over as Pres, and I need to make sure this stuff gets cleaned up.
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You're reading I am on the board of my HOA.
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