Clarksville, TN asked in Consumer Law for Tennessee

Q: Can homeowners request to look at the proxy’s that was filed from new election.

I counted votes with reality company board hired. President now had several proxy’s that looked fishy. They verified their own proxy’s. Our board is a bit shady and now to have the same president and treasurer to stay on board. We have requested financial reports with receipts and have gotten nowhere our treasurer is a licensed CPA in the state of TN. he makes up excuses on the receipts and have not been able to see one receipt.

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1 Lawyer Answer
Paul E. Tennison
Paul E. Tennison
  • Brentwood, TN
  • Licensed in Tennessee

A: You may want to consult with an attorney. HOA cases are not easy to win as a plaintiff. This is because the legal standard that applies usually favors whatever action the HOA takes. There are limits to this deference to the HOA though. Outright fraud may be actionable. The facts here that illegitimate proxys were using implies voting fraud. Where homeowners are dissatisfied with HOAs there are usually 2 options: 1) whip up the votes to replace the current board at the next meeting or 2) consult with an attorney and take legal action. Good luck!

Anthony M. Avery agrees with this answer

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