The Board removed an officer without cause and same elected board member in an executive session (also without cause) while the by-laws require cause and a special meeting with a vote of the members present to remove a director from the board. They did this after changing the by-laws without a vote of the membership because they gave themselves power to do so. They also changed the time and date of the annual meeting, when the by-laws had stated that they could NOT change it. They gave themselves the power to raise dues when the by-laws specifically stated they had no power over dues increases, and they extended their own terms. They also gave themselves power to exclude any recommended changes to the by-laws by the membership. They also plan to change the Covenants illegally. Help?
You have posted way too many issues for a simple quick and easy answer. Your remedy for all of the issues is legal action to enforce By-Laws and Covenenants. This can be very expensive but legal fees may be recoverable through an assesment to property owners. This is not my area of law and would defer to the conclusions and opinions of the lawyer and law firm you actually consult with on these issues.
I would recommend the firm of Daniel Upton Perry & Morris in Spanish Fort. They have represented numerous property owners associations on the Gulf Coast and they may have an attorney who can provide you with a consultation on these specific issues.
Again, I do not think you are going to find any meaningful anwers to the issues presented in this very limited forum. Good luck and please consider consulting with a lawyer in person.
I agree with Mr. Wolfe that you should speak to an attorney who is knowledgeable about Association law, covenants etc... However, to help defray expenses at this early stage, you may also want to see if any of your neighbors would be interested in joining you and sharing some of the up front costs, even if your documetns allow you to be completely reimbursed. (You should check your covenants and see what they say about members suing the association).
As a separate note, though, there are times when annual assessments may need to be increased because of the increased costs of maintenance and repairs, or becuase of delays in past maintenance and repairs. Some covenants are so out of date as to not allow such action, even when it is absollutely necessary. Even if you do p-revail and the board becomes more reasonable about following the covenants, there may still be a need to update or change some of them, so do keep that in mind.
This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.
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