Indiana | Administrative Law
8/23/02, 3:57 pm
Legal Question
Illegally Elected Board of Directors -HOA
What powers do a not-for-profit corporation who is being run by all illegally elected board members have? I just found out that my Homeowners' Association has never had a legally sitting Board since the builder turned the association over to the homeowners three years ago. They are also not following the bylaws and CC&R's regarding changing fence restrictions without advising the membership, etc. However, now, after three years, they are threatening to take seven homeowners to court for violations of their fence guidelines of which I am one. How do you feel the judge will veiw their actions if I decide to take this matter to court?
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