Not to mention one of the members of the "Board" is not even an owner in the development....he is considered an Occupant by the terms of the covenants.
Not always, but most of the time, HOA bylaws and ccr's state that members of the BOD be owners of property in the HOA. And that only owners of property in the HOA have voting rights. I would check the doc's on this, you could have a board member that should not be, and cannot vote on anything.
I would also check
what % of board members need to be present to establish a quorum to have a binding board meeting? Also most of the time, members are allowed to attend the BOD meeting. Check your docs.
what % of members need to be present (or by proxy) at a general meeting to establish a quorum, to make that meeting legal?
what % of members need to be present (or by proxy) to have a legal vote, at a general meeting called for the purpose of such vote and what % of votes has to be for or against an issue to make it so?
I would doc everything, in writing it down that the BOD/HOA has not done to enforce any ccr, what ever it is. Doc whatever meeting is not legal. Doc anyone on the BOD that should not be. You want to win. You become the BOD's worst nightmare. Anything that they have NOT done that they should have done in the 10 Years you have been there, you want down on paper, ready to present at a legal meeting at any time. In the 34 years in our HOA (which was basically a good HOA), we had to do this a couple times. You have to get their attention and let them know you mean business.
Not always, but most of the time, HOA bylaws and ccr's state that members of the BOD be owners of property in the HOA. And that only owners of property in the HOA have voting rights. I would check the doc's on this, you could have a board member that should not be, and cannot vote on anything.
I would also check
what % of board members need to be present to establish a quorum to have a binding board meeting? Also most of the time, members are allowed to attend the BOD meeting. Check your docs.
what % of members need to be present (or by proxy) at a general meeting to establish a quorum, to make that meeting legal?
what % of members need to be present (or by proxy) to have a legal vote, at a general meeting called for the purpose of such vote and what % of votes has to be for or against an issue to make it so?
I would doc everything, in writing it down that the BOD/HOA has not done to enforce any ccr, what ever it is. Doc whatever meeting is not legal. Doc anyone on the BOD that should not be. You want to win. You become the BOD's worst nightmare. Anything that they have NOT done that they should have done in the 10 Years you have been there, you want down on paper, ready to present at a legal meeting at any time. In the 34 years in our HOA (which was basically a good HOA), we had to do this a couple times. You have to get their attention and let them know you mean business.