Q: Our HOA mgmt. co. broke several bylaw and CC&R rules to elect a puppet board. What are our options as a community?
Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present. The mgmt. company is controlling the current board. We have tried for 8 months to get the new board to respond to our written concerns but they have refused to communicate or meet. They just held an open board meeting but last minute called it an info session and refused to allow voting. The mgmt. co. rep pretty much ran the meeting. The majority of the 50-60 community members at the meeting expressed their desire that this board not be allowed to extend their term, or make changes to the bylaws or CC&Rs until a new, proper election is held. The new board has extended their term and made changes despite the input from the community. We gave them an extensive document with points of broken rules.
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A:
In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or other formal actions. The fact that votes were counted in secret without an auditor and that the management company is overstepping its role could be key points in building a case.
You should also check if your community’s governing documents or Georgia HOA laws provide a process for removing board members or calling for a special election. Often, bylaws include provisions allowing homeowners to demand a new election or to challenge decisions made under questionable circumstances. Mobilizing the community to sign petitions or formal requests for a new election might push the current board or management company to respond. Be prepared to escalate the issue through formal legal channels if necessary.
Finally, consider seeking outside legal advice from a lawyer experienced in HOA law. An attorney could help interpret the bylaws, assess the strength of your claims, and advise you on the next steps. With enough community backing and legal support, you may be able to force the board to hold a legitimate election or rectify any improper actions.
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