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Our HOA President Lillian Dangerfield, and employee of the U.S. Office of Personnel Management, and our past President, John F. Devine, a Lockheed Martin employee, have have voted against giving HOA residents the right to vote on approving property management services for our HOA. At the September 2008 Board meeting, Dangerfield did nothing to stop an outsider and friend of hers from interrupting the meeting and HOA residents who tried to address the board. In August 2008, three residents filed complaints against the the Board for allegedly not applying the property management aspects of our HOA governing documents. As well, the Board is allegedly accused in one complaint of disregarding resident complaints for months. Devine allegedly gave an easement right of way to a non-HOA property owner for $1 (one dollar) and never even used an attorney to review the transaction or give notice to the affected HOA property owners. Now, residents affected and living on Preakness Dr have experienced flooding from excessive stormwater created from the new home built by the NON-HOA property owner.
Also, the board refuses to comply with a recent audit that recommended reserve funds be applied to HOA assests (e.g. sidewalk, roadway - resurfacing and repairs).
Read Montgomery County Commission On Common Ownership Communities Panel Order issued July 2009 against Dangerfield and HOA Board:
http://www.mediafire.com/?hmamumtmzom
The Maryland HOA Act does indicate that residents have the right to speak and otherwise file complaints at HOA Board meetings. I believe the chair of the meeting has a fiduciary responsibility to maintain control of the meetings and to be impartial to all speakers.
But, it doesn't make sense to have allowed an outsider in this case...he obviously was not a legitimate guest on behalf of the HOA community.
Regarding the easement: it appears to me that any rights given or sold to an outsider or non-hoa party would have to be approved by the rightful voting residents of the community (check your covenants).
I gotta believe the flooding issue could easily cost $10-20 grand. Hire an engineer that is experienced at testifying on behalf of clients that has drainage experience.
Montgomery County does have a department and/or program to address drainage and storm water issues. They maybe able to provide some insight and or assistance. See the file at - http://www.montgomerycountymd.gov/content/dpwt/Capital/DCD/DARPAMPHLET.pdf