Today I shall attempt to overthrow the president

saabguy

Saab-free since 2013. Mortgage guru
OT Supporter
Aug 11, 2003
22,597
Loserville. Population: 1
Of my HOA.

Our quarterly meeting is tonight. We are voting on board members. The HOA president is partners with the developer in the new phase we’re building in. He has a construction company to build houses. He has a design company to do the house plans. We used a different designer and a different builder and he’s salty because he wants everyone to use him

We cleared the lot a couple months ago in preparation to start building. He, on behalf of the HOA board and without their knowledge, filed a cease and desist and threatened to fine us for beginning construction without having our plans approved first. (Clearing a lot is not “construction”. Several others have cleared lots without having approved plans, including his brother, and no one else has had a C&D). Then we submitted our plans for approval. He, acting on behalf of the 3-person architectural review committee, denied our plans because he believes he is the “exclusive designer”. The other members of the committee never even knew we had submitted for approval, he just did it on his own.

I’m friends with the guy who is the one who got this whole development off the ground, and he told the president to knock it off, otherwise he will bankrupt him in court. He has a clear conflict of interest and is not acting as president in the best interest of the HOA, but in the best interest of himself.

another gem....a military officer stationed overseas was supposed to close on the house that this guy built for him at the end of December. He was not going to be able to get back to the states from Germany in time for closing, so his realtor asked for a few days extension to the contract so they could close. The president said he would agree to sign an extension only if the realtor agreed to forfeit her commission. Otherwise he’s cancelling the deal and re-listing the house for sale.

he also saw someone else list their house for sale in the neighborhood and called them to tell them their sale price was too low and they need to list it for more.

we have subsequently gotten our “verbal” approval, but nothing in writing yet. He does not belong on the board.

I’m looking for my Buffalo head and warpaint to wear, but I seem to have misplaced them.

Wish me luck.
 

mollywhop

🤙 Dick was moist as fuck 🤙
OT Supporter
Feb 13, 2020
35,752
Blue Ridge Mountains
Check the governing docs for the community b/c clearing a lot generally does constitute the initial stages of construction on a vacant piece of dirt at least as far as HOAs are concerned. If they have an active ARC they almost certainly have design guidelines that detail the approval process and what actions require it. Clearing a lot would definitely be in that list in most cases since there are implications to the roads with heavy trucks and equipment (i.e. road damage deposits) and they generally want owner compliance deposits on file as well so you have a reason not to clear cut a bunch of trees or whatever

what state are you in? I can only speak for NC but everything you've described is so far out of bounds that either you're exaggerating some stuff or you guys are absolute pussies for letting this get to this point. the Declarant/developer has a ton of control and usually the ARC/ARB is operated under their sole discretion so that part may not be something you can do much about depending on how the docs are written but the other stuff is a clear conflict of interest
 
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saabguy

saabguy

Saab-free since 2013. Mortgage guru
OT Supporter
Aug 11, 2003
22,597
Loserville. Population: 1
Check the governing docs for the community b/c clearing a lot generally does constitute the initial stages of construction on a vacant piece of dirt at least as far as HOAs are concerned. If they have an active ARC they almost certainly have design guidelines that detail the approval process and what actions require it. Clearing a lot would definitely be in that list in most cases since there are implications to the roads with heavy trucks and equipment (i.e. road damage deposits) and they generally want owner compliance deposits on file as well so you have a reason not to clear cut a bunch of trees or whatever

what state are you in? I can only speak for NC but everything you've described is so far out of bounds that either you're exaggerating some stuff or you guys are absolute pussies for letting this get to this point. the Declarant/developer has a ton of control and usually the ARC/ARB is operated under their sole discretion so that part may not be something you can do much about depending on how the docs are written but the other stuff is a clear conflict of interest
I have the state statutes. Clearing a lot does not constitute “construction.”

the guy is a shithead. My friend is our builder. He has a business partner with a lot of money, and I know the guy (he called me yesterday about his daughter getting a mortgage for a house he’s building). I’ve known him for several years.

the dipshit president wanted to do the new phase but didn’t have the knowledge or financial resources to pull it off. My friend the builder introduced him to his business partner, and the business partner is the one who put this whole thing together. The president is trying to set it up so he makes money designing, developing, and building. And he even had his wife get her real estate license so she can sell lots in there. But he is using his position as HOA president to try and bully and threaten other owners, which again is a major conflict of interest.
 

mollywhop

🤙 Dick was moist as fuck 🤙
OT Supporter
Feb 13, 2020
35,752
Blue Ridge Mountains
I have the state statutes. Clearing a lot does not constitute “construction.”

the guy is a shithead. My friend is our builder. He has a business partner with a lot of money, and I know the guy (he called me yesterday about his daughter getting a mortgage for a house he’s building). I’ve known him for several years.

the dipshit president wanted to do the new phase but didn’t have the knowledge or financial resources to pull it off. My friend the builder introduced him to his business partner, and the business partner is the one who put this whole thing together. The president is trying to set it up so he makes money designing, developing, and building. And he even had his wife get her real estate license so she can sell lots in there. But he is using his position as HOA president to try and bully and threaten other owners, which again is a major conflict of interest.
This would not be something in the state statutes. I’m talking about the declaration, bylaws, and the other governing documents for the community itself. If it is an HOA controlled community which sounds like it’s still in the developer control period (or at least a multi phase community) then the ARC has a lot of teeth as does the HOA itself. I agree that it sounds like there are enormous conflicts of interest overall but I’m speaking specifically to the point about construction beginning. What state?
 
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saabguy

saabguy

Saab-free since 2013. Mortgage guru
OT Supporter
Aug 11, 2003
22,597
Loserville. Population: 1
The fact that the remainder of the board has no idea what dude is doing tells me this is an uphill battle for you. Best of luck.
The board doesn’t have any clue he’s running around and doing this on their behalf. He’s putting them in a bad position by doing this, because my builder was threatening to file a lawsuit against him and name the board and the hoa management company in the suit as well, so he’s putting them in serious exposure by his actions.

the architecture review committee can approve/deny plans from other designers, even though he tried to make it so that he’s the “exclusive” designer. The guy who fronted all the money for the development is the 2nd member of the ARC, and is a friend of mine. The 3rd member is that guy’s lawyer, and he will follow with whatever the 2nd member says. So we went I to it with 2 votes already who would approve our plans. But the president never even consulted with them. Just denied our plans because we didn’t use him.
 

Normie

KungFlu Crew #002
OT Supporter
The board doesn’t have any clue he’s running around and doing this on their behalf. He’s putting them in a bad position by doing this, because my builder was threatening to file a lawsuit against him and name the board and the hoa management company in the suit as well, so he’s putting them in serious exposure by his actions.

the architecture review committee can approve/deny plans from other designers, even though he tried to make it so that he’s the “exclusive” designer. The guy who fronted all the money for the development is the 2nd member of the ARC, and is a friend of mine. The 3rd member is that guy’s lawyer, and he will follow with whatever the 2nd member says. So we went I to it with 2 votes already who would approve our plans. But the president never even consulted with them. Just denied our plans because we didn’t use him.
What I am saying is, if the board is allowing this now, they just don't give a fuck and are happy with the status quo. So you usurping power from him is going to be difficult. I understand the remainder, but if they all have their heads in the sand, they aren't going to welcome change.
 
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saabguy

saabguy

Saab-free since 2013. Mortgage guru
OT Supporter
Aug 11, 2003
22,597
Loserville. Population: 1
This would not be something in the state statutes. I’m talking about the declaration, bylaws, and the other governing documents for the community itself. If it is an HOA controlled community which sounds like it’s still in the developer control period (or at least a multi phase community) then the ARC has a lot of teeth as does the HOA itself. I agree that it sounds like there are enormous conflicts of interest overall but I’m speaking specifically to the point about construction beginning. What state?
It's Louisiana.

It's an established neighborhood with a new phase. This isn't a tract home development like a Lennar or DR Horton. They are all lots that are available for purchase, and then you are building your own custom house.

The covenants and bylaws say: "no residence, building, fence, wall, or other structures shall be commenced, erected or maintained, nor shall any addition, change or alteration of any kind therein be made until plans and specifications showing the nature, kind, shape, height, materials, floor plans.....[etc] shall be submitted to the ACC prior to the project commencement to obtain prior written approval by a majority vote of the ACC"

I brought up the state statutes because my builder pulled them and brought them to the guy's office to show him that "dirt work" does not constitute "construction", and none of the covenants would require the ACC to approve plans before a site is cleared.

We haven't begun any construction. We only cleared the lot. The ACC is SUPPOSED to have a lot of teeth, however he is not involving the ACC, he is acting on his own. "...to obtain prior written approval by a majority vote of the ACC", there was no majority vote by the ACC because he didn't even share our plans with the ACC.

What is even more damning, is that the lot right next to us is his brother's lot. He hasn't even completed plans for his brother's house yet. Guess who else cleared their lot. But he did not get a C&D like we did. There are other lots/owners who have cleared lots without having their plans submitted or approved, but none of them were issued C&D's because they weren't using a different designer.
 

kwhitelaw

OT Supporter
Sep 1, 2004
38,988
virginia
Check the governing docs for the community b/c clearing a lot generally does constitute the initial stages of construction on a vacant piece of dirt at least as far as HOAs are concerned. If they have an active ARC they almost certainly have design guidelines that detail the approval process and what actions require it. Clearing a lot would definitely be in that list in most cases since there are implications to the roads with heavy trucks and equipment (i.e. road damage deposits) and they generally want owner compliance deposits on file as well so you have a reason not to clear cut a bunch of trees or whatever

what state are you in? I can only speak for NC but everything you've described is so far out of bounds that either you're exaggerating some stuff or you guys are absolute pussies for letting this get to this point. the Declarant/developer has a ton of control and usually the ARC/ARB is operated under their sole discretion so that part may not be something you can do much about depending on how the docs are written but the other stuff is a clear conflict of interest
Who logged into the @mollywhop account
 

mollywhop

🤙 Dick was moist as fuck 🤙
OT Supporter
Feb 13, 2020
35,752
Blue Ridge Mountains
It's Louisiana.

It's an established neighborhood with a new phase. This isn't a tract home development like a Lennar or DR Horton. They are all lots that are available for purchase, and then you are building your own custom house.

The covenants and bylaws say: "no residence, building, fence, wall, or other structures shall be commenced, erected or maintained, nor shall any addition, change or alteration of any kind therein be made until plans and specifications showing the nature, kind, shape, height, materials, floor plans.....[etc] shall be submitted to the ACC prior to the project commencement to obtain prior written approval by a majority vote of the ACC"

I brought up the state statutes because my builder pulled them and brought them to the guy's office to show him that "dirt work" does not constitute "construction", and none of the covenants would require the ACC to approve plans before a site is cleared.

We haven't begun any construction. We only cleared the lot. The ACC is SUPPOSED to have a lot of teeth, however he is not involving the ACC, he is acting on his own. "...to obtain prior written approval by a majority vote of the ACC", there was no majority vote by the ACC because he didn't even share our plans with the ACC.

What is even more damning, is that the lot right next to us is his brother's lot. He hasn't even completed plans for his brother's house yet. Guess who else cleared their lot. But he did not get a C&D like we did. There are other lots/owners who have cleared lots without having their plans submitted or approved, but none of them were issued C&D's because they weren't using a different designer.
I hate to be the bearer of bad news but unless you're willing to take up this fight in a court or at least with the threat of legal action you minus whale give up now and bend over
 
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saabguy

saabguy

Saab-free since 2013. Mortgage guru
OT Supporter
Aug 11, 2003
22,597
Loserville. Population: 1
What I am saying is, if the board is allowing this now, they just don't give a fuck and are happy with the status quo. So you usurping power from him is going to be difficult. I understand the remainder, but if they all have their heads in the sand, they aren't going to welcome change.
I don't think it's a matter of them looking the other way. They just are completely unaware that he's doing this using his authority as HOA pres. I'm hoping once they are made aware of his actions, they will agree that the right thing for him to do is recuse himself from holding a position as president or architectural review committee member.
 
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saabguy

saabguy

Saab-free since 2013. Mortgage guru
OT Supporter
Aug 11, 2003
22,597
Loserville. Population: 1
I hate to be the bearer of bad news but unless you're willing to take up this fight in a court or at least with the threat of legal action you minus whale give up now and bend over
He has already been threatened with a lawsuit by my builder and that's why he eventually caved. He has verbally approved the plans, and it is now with the attorney to issue the written approval.

The other friend I have who was the money behind the whole development already told him "you don't want to go this route. If you do, you better have deep pockets, because I will bankrupt you if I have to protect my business and financial interests". Our plan/house/project is moving forward, I'm just trying to get him off the board, or at least out of the HOA president position because of the conflict. This guy, and my builder, are both coming to the meeting tonight as well to support his removal.
 

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