AG power to investigate HOA abuse

An example of bill wordings in 2 states to be applied in every state.

It may come to a surprise to many who find no ills living in an HOA, but it’s well known that state Attorney General’s offices have shied away from investigating and bringing legal actions against HOA board violations of state laws and their contractual obligations. 

See NC group North Carolina attempts AG protection of HOA members – HB 311 https://pvtgov.info/…/new-hampshire-attempts-ag…/ See below 2011 Indiana bill (repealed 2015),

Indiana Code

Title 32, Property, Article 25.5, Homeowners Associations, Chapter 3, Homeowners Associations

IC 32-25.5-3-8 Attorney general’s action against association or board member; misappropriation or fraud; remedies Sec. 8. (a) The attorney general may bring an action against a board or an individual member of a board of a homeowners association if the attorney general finds that: (1) the association’s funds have been knowingly or intentionally misappropriated or diverted by a board member; or (2) a board member has knowingly or intentionally used the board member’s position on the board to commit fraud or a criminal act against the association or the association’s members. (b) A court in which an action is brought under this section may do the following: (1) Issue an injunction. (2) Order the board member to make restitution to the homeowners association or to a member. (3) Order a board member to be removed from the board.  (4) Order a board member to reimburse the state for the reasonable costs of the attorney general’s investigation and prosecution of the violation.

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HOAGOV

"The Voice for HOA Constitutionality". I have been a long-term homeowner rights authority, advocate and author of "The HOA-Land Nation Within America" (2019) and" Establishing the New America of independent HOA principalities" (2008). See HOA Constitutional Government at http://pvtgov.org. My efforts with HOAs took me to a broader concern that was deeply affecting the constituionality of HOAs. Those broad societal and plotical concerns caused me to start this new blog for my commentaries on the State of the New America.

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