Watch For Red Flags Of Rogue HOA

There are many warning signs that you and your community members need to watch for when dealing with your HOA. I will over time continue to post new warning signs to this post but at any time you have any questions about possible warning signs from your HOA please contact us ASAP so we can help you make a positive ID. 
When you think you may have an illegal HOA it is important to start at the beginning of your community history to follow the paper trail back from when it was released from the control of the contractors into the hands of the community. This is a very important point in time and if this step is either overlooked, ignored or not done according to the bylaws, covenants and other governing documents, then you could end up with a rogue or illegal HOA board either on purpose or by mistake. Either way it is important to know their status so you know your rights and position in this community. 

Below is of items that are important to look for and identify early on to set the stage for your position or angle you need to utilize in order to have a fighting chance in this confrontation.

  1. Did the contractors properly hand off control of the community members via an election. 
  2. Does your bylaws and covenants define the terms of how this hand off is supposed to happen?
  3. Are there detailed, dated, signed, documents that show this hand off happened according to the bylaws and Covenants?
  4. Did your community have an election according and following specific guidelines outlined in the bylaws and covenants. Remember both documents are equally important in determining a successful election and though there is a definite order of control for each document, each of them play an important role in the proper execution of the process. Some boards will try to ignore one or more of the documents because some will not allow them the power over the community that they are seeking so therefore will make an attempt to play off as if those documents do not play a role in the decisions that were made and try to convince the community that they are correct in their procedures. Do not fall for this tactic, it is a rouse to make you think you don't what you are talking about. If the documents were not important then why do they exist?
  5. Are the board members following the bylaws to the T? This document is critical as to the process and order of actions taken by the board. Read and memorize these bylaws. They can be the most valuable tool you have to determine if your board are making up rules or following the bylaws accordingly. 
  6. Make sure that your board are adhering to the main sections that define elections, how many board members, how long can they stay, what are the full requirements to get to an election (is there an election committee required?) how many days before election must committee be formed... these are critical points to making sure they are all legal and in compliance. If any of these are not followed a case can be made to throw them out and to file for a special meeting and election (depending on your bylaws and covenants).
  7. Do you have a property management company? If so, how were they brought on? Was there a vote of the members? What are the terms? There are many things that you must look for here to make sure that they were brought in a legitimate way. If there is corruption already going on then this will be a part of the problem that you will be able to use to identify who is causing the problems. The management company is a weak link for the HOA not an asset. Watch the behaviors of the management company. Any authoritarian behaviors from them is a serious red flag, they can only act on behalf of the board and there are many limitations to their power.
The files download to the left are the relevant files that have been put in a zip file for you to download and listen to at your convenience. There is also a file called ftr.exe which is the player that is needed to listen to these files. Please first install this software then reboot your pc before attempting to listen to these voice testimony files.

These files are only the testimony that is relevant to the class action suit we are pursuing against Deb Carella, Teresa Ratliff Burks, Sandra Bennett and Jennifer Naylor. Each of these individuals signed the lawsuit against Craig and Catherine Severance. These four people were not elected by the community which is required by the bylaws that govern Pleasantview community. 

This is significant because they have used up $20,000.00 as close as we can tell from the latest invoice they had submitted to us prior to them loosing the suit. At this time both the HOA and Main Street Management (the company that was paid by you and I to make sure the HOA was working within the bylaws was completely negligent in their fiduciary duties to be in legal standing prior to filing the suit against the Severance family. Both entities continue to spend our money without in oversight or permission from the community members to spend our money the way the members feel are best for all of us. We need to stop them now and force them to replay the thousands of dollars that they have wasted on fraudulent suits. This is their 3rd or 4th suit they have filed against home owners. Two of those were against the Severance Family. Because we have all of the evidence to win this suit we only need you to register as a member to be eligible to receive compensation for the waste fraud and abuse that has been forced on us by these fraudulent members. Please help us help all of us stop these criminals.

It is important to mention that both the HOA mebers Deb Carella, Teresa Ratliff Burks, Sandra Bennett and Jennifer Naylor and Main Street Management are all being investigated by the Indiana Attorney Generals office via a complaint that was filed by the Severances' once they found out that they were not legal board members. The IAG does not accept all complaints filed to them and the fact that they accepted this case and are currently in an active investigation should give you the confidence that you are doing the right thing in helping us get your money paid back to you for all of the years that they have been wasting your money.