Often, the comment qua question arises, "My HOA board is [out of control][running amok/this place into the ground][fill in your comment here]. What can be done about it?"
This article will not discuss the legal remedies available to association members. This article does cover the corporate, or private methods available to association members for remedy of a difficult board situation.
The first step in resolving any dispute is to communicate directly with only those involved in the dispute. This direct communication does not include sniping at a board online or in emails. It likely includes scheduling time with the board to voice the complaints, even if one believes the board has tried to silence complaints in the past. Call this the "benefit of the doubt" stage. One important perspective in conflict resolution is to use the least amount of resources (i.e., paper, money, force, energy) necessary to resolve the conflict. Why have a lawyer contact the board if a personal visit from the member will resolve matters?
Direct communication is important because several results are possible by agreement from voluntary adoption of policies and procedures to voluntary resignation from the board. A result negotiated and agreed to by the parties is generally more satisfactory and binding that one imposed by an outside party.
In Oklahoma, and if the association is incorporated, the association's corporate existence was created by the filing of articles of incorporation with the Oklahoma Secretary of State's office. These articles are public record, which means copies of the articles are available to anyone, provided they pay the copying fee. It is possible to obtain the documents electronically from the secretary of state's office by searching and following the directions on the secretary's website. The articles set out the name of the corporate, its registered agent, principle place of business, term of existence, and likely other information about the workings of the corporation. It may be that the articles provide for special meetings, election/removal of directors, and shareholder (member) rights. It is in these articles that one will first look for information on how to effect change within an association via corporate procedure.
It may be that the necessary result is for removal of one or more board members. If so, it is important to understand that such a process will require a meeting of the members and vote. One would consult the articles and bylaws (if any) to determine the procedure for calling a special meeting and vote for removal. In most cases, the current board is not inclined to assist the members in calling the special meeting, so the motivated members will likely have to do the legwork themselves.
Of course, the motivated members could simply exercise their democratic muscles, announce their own candidacy before the next election and campaign for a spot on the board.
Matthew L. Winton, Oklahoma community association lawyer