BY KATHLEENE PARKER
White Rock

A reminder to those in the Pinon Trails Home Owners Association, Sentry, “our” management company, has surfaced again, as it tends to intermittently, to “remind” us of our duty to comply with Pinon Trails covenants or face the consequences. But, members, from what I can determine reading the law, have NO DUTY to comply and Sentry has NO AUTHORITY to threaten enforcement because (1.) our board passed an enforcement provision to our bylaws without proper notice to members and the quorum REQUIRED BY NEW MEXICO CORPORATION LAW at the meeting where they changed our bylaws to allow enforcement of our covenants (Bylaws CANNOT LEGALLY BE CHANGED BY BOARDS ALONE!) and (2.) all of this makes Sentry’s involvement highly questionable, since the board, legally, has no legal basis to allow them to do anything. And, all of this is without any focus on our board’s ongoing lack of quorums during board elections. If any members are threatened with enforcement action by Sentry, please contact me via messaging, and I will personally follow up helping you with legal action against Pinon Trails.

Also, for other HOAs, I have heard so many horror stories of HOAs behaving as they please, making up rules as they go along and having board members who are there only because they stepped up to run and, therefore, seeming to assume they can run the show as they please.. That isn’t okay! These are, after all, member bodies and members have legal rights.

Despite HOA’s depiction that they “aren’t legally obligated to bill you” or their pretense they can just slam a lien on your property are false! HOAs must adhere to acceptable billing practices (including notices by certified mail) and, as I illustrated when an illegal lien was placed on my property, it was just as cheap–and much more fun–to hire an attorney, force the removal of the lien, illustrate member rights and perhaps educate board members some too.