Ovilla Creek Estates HOA: Am I the only homeowner disappointed with their conduct.
- Target:
- Yolanda Jackson
- Region:
- United States of America
HOA board members have a fiduciary duty meaning they MUST act in the best interest of our community. The examples of the actions below illustrate a breach of fiduciary duties demonstrated by our board members.
The fiduciary duties of board members:
Duty of care- HOA board members must make informed decisions. To do so open communication and familiarity with the Covenants, Conditions and Restrictions (CC&Rs) and state laws is essential. EX. The Board cannot assess fines until certain actions are taken mandated by State law and CC&Rs. Our Board doesn’t act within the CC&Rs or state law by following the mandated guidelines for conflict resolution, i.e. negotiations with homeowners which could avoid fines and litigation.
HOA Board members must also act in a prudent and reasonable manner, basically using sound business judgment, and avoiding arbitrary or capricious actions. EX. Flagging down/stopping members of the community on their way home from work to inform them of violations the “Board” is discussing in their meetings; Use of our membership dues for frivolous litigation against community members instead of using dues for maintenance and beautification of our community or hosting community social events.
Duty of Loyalty- HOA board members must act fairly, in good faith, in the interest of, and for the benefit of, the Association(Community) rather than make decisions based on any personal inference. The laws of the CC&R should be implied with the spirit in which it was written; to apply a context for basic expectations to ensure the standards of the community are maintained. EX. Vehicles with logos must be behind a fence. Section 6.33 of CC&Rs does not stipulate vehicles with “logos” or that business vehicles must be behind a fence. It states ANY non-customary personal passenger vehicles must not be seen from the street.
HOA Board member must protect members’ confidentiality, and not divulge information provided in confidence. EX. Board members should not discuss ongoing restriction violation issues with other homeowner if the homeowner is not implied in the violation, i.e. informing uninvolved home owners “who has trash cans not behind a fence”; “who has signs in their yards”, “who the board is going to take to court for violations,” or “the board has $60.000 to uses for litigation fees”.
Duty to Act Within Scope of Authority- The HOA Board must perform the duties it’s obligated to carry out, but prohibits the Board from making decisions or acting on matters without the authority to do so. EX. Trespassing to remove signs in neighbors’ yards. Specific guidelines are put in place for the board to follow to address violations unauthorized ingress onto someone’s property to remove a sign is not within their scope and is against the law.
The authority of an HOA comes from its obligations under state laws, as well as the authority granted to it in the CC&Rs. Members must conduct the business of the board within the scope of these laws to avoid jeopardizing the proper operation of the Board. The community voted these home owners on the board AND can vote to remove them if they have breached their fiduciary duties and are jeopardizing the proper operation of the board. Behaviors such as overzealous policing, discriminatory enforcement of the CC&Rs, breach of confidentiality cause disharmony in our community, who wants to live in that?
I will happily replace any board member removed to ensure the authority of the HOA is carried out in a fair and judicious manner.
The CC&R’s Bylaws Article 5.2 & 5.4.2 The president must call a special meeting by petition signed by 20% =12 homeowners within 30 days of receipt of petition. If the president fails to do so an ad hoc committee of homeowners can do so provided that every homeowner is provided notice of meeting.
Article 2.6.1 of the Bylaws state; A special meeting called for the purpose of removing a director; one or more directors can be removed by Association members (home owners) with or without cause by 2/3 of the votes present in person or by proxy, and elect new director/s to fill the vacancy.
Board members have a responsibility to enforce the CC&Rs to not only ensure the standard of living of the community i.e., maintenance, operation of HOA, conservation and beautification of the property but to also ensure the health, comfort and general welfare of the residents (Article 6.1, CC&Rs). Bullying tactics (the HOA has$60,000 to spend on litigation) is an abuse of authority, discriminatory enforcement of CC&Rs, refusal to abide by CC&Rs mandated guidelines for conflict resolution is ALSO abuse of authority.
Let’s make the HOA aware that they too must abide by the CC&R’s AND State laws that they try so diligently to enforce on community members. Please sign the petition below.
We the Association (home owners) of Ovilla Estates are requesting a special meeting to deliberate the removal of Ovilla Estates HOA board members Dale Hamann, Jilly Elegbe, and Sharia Lassiter for breachment of their fiduciary duties to fairly manage and carry out the authority bestowed upon them by the Association.
You can further help this campaign by sponsoring it
The Ovilla Creek Estates HOA: Am I the only homeowner disappointed with their conduct. petition to Yolanda Jackson was written by Joane Grissett and is in the category Neighborhood Living at GoPetition.