Legal Question in Administrative Law in Indiana

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?

Asked on 8/23/02, 3:57 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Illegally Elected Board of Directors -HOA

If they make good on their threat to take you to court, consider raising the issues of their non-compliance with the bylaws in a counterclaim. Also, if the Board is illegally consituted, the issue of their disqualification and dismissal of the suit may be raised.

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Answered on 8/23/02, 4:46 pm
C. David DuMond Law Offices of David DuMond

Re: Illegally Elected Board of Directors -HOA

For this you really need to deliver a set of the CC&Rs and bylaws to a lawyer. Call the county bar association and ask for a referral to an attorney with real estate experience. Tell them it involves a housing association's CCRs. I think it is possible that the developer provided a set of bylaws and CCRs that contain an "automatic" continuation of authority. However, if there has not been compliance with the CCRs and bylaws, you will probably win, in the short term. Prepare to be reasonable, because it's the right way to behave and because these people will likely reconstitute themselves properly and then bear unrelenting but covert malice against you.

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Answered on 8/23/02, 6:13 pm

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