What is the procedure for petitioning an HOA board?
In Delaware, the procedure for petitioning an HOA board is relatively straightforward. First, a petition must be drafted detailing the exact reason for the requested action. If the petition is signed by a majority of the homeowners in the association, a formal vote must be taken. This can be done at a meeting of the HOA, or via mail in ballots. After the vote, the board must act on the request within a reasonable amount of time. In some cases, if the board does not respond, the petitioners may be able to file a complaint with the Delaware Attorney General’s office. Once a decision is made, the board must communicate the result to all members of the HOA in a timely manner, preferably through email or US Mail. In addition, all members must be notified of any upcoming meetings or votes related to the petition. It is important to note that each HOA is governed by a set of bylaws which detail the exact procedures for petitioning the board. It is wise to familiarize yourself with the bylaws prior to submitting a petition, as they will provide valuable insight into the HOA’s code and exact procedures. Furthermore, it is always a good idea to consult a lawyer prior to submitting a petition, as they will have a better understanding of the legal implications and can help ensure that the petition is submitted in accordance with the bylaws.
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