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MichelleK4 (Maryland)
Posts: 4
Posted:
Our community took over HOA about two years ago and each November we held an election for new BOD members. We have searched in our by-laws on how long a member can run and we can not find anything. Our previous president related to us that they had a 12 month contract. Our new president has yet to hold an election meeting. It was not held in November like past years and then we got word that it was to be this month (January). Now it has been put off till February and he claims that the only seat open is the secretary. He says he can stay for 3 years. How do we know if this is true or not? In the past we have asked for documentations for certain things and he claimed he would turn them over. Now he is telling us he doesn't even have to answer our questions.We keep getting the run around from him and he is being very shady when it comes to certain rules and regulations. He is breaking 2 rules himself and pretty much has the attitude that he's the president and he can do what he wants.He actually went on google-earth to see who was violating rules but stated specifically to us that he won't send a letter. Now he is telling us that he is going to let everyone know in the next meeting who is breaking them from what he saw on google-earth. He is being a total jerk about everything. Our neighbor would like to run for the secretary position but he was told that he couldn't because he was in violation but yet he has never received a letter for that violation. Help!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Michelle,

You really have me on this one. What has "Google Earth" got to do with the operations of your association?
MichelleK4 (Maryland)
Posts: 4
Posted:
You got me other than him trying to find violations which he can't send letters out for or he just wants to spie on us.
MichelleK4 (Maryland)
Posts: 4
Posted:
oops....spy. Sorry
FredB4 (Ohio)
Posts: 375
Posted:
Sounds like a mess that is only going to get worse.
The president can not do anything he/she wants but is legally bound by the governing documents and any state laws you have regulating your HOA the same as any owner.
Violations generally must be in writing to be legal.
What do your bylaws say about the boards responsibility to enforce the bylaws ?
I would think that enough dissatisfied owners could attend the annual meeting and vote him off the board.There may even be a provision in your bylaws for calling a special meeting to do just that.
You have a legal right to see financial reports, minutes of meetings and other documents.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your bylaws should speak about the TERMS that an officer or board member holds.

Your bylaws should speak about WHEN an annual Meeting must take place.

He is ONE person.

Where are the other members of the board?
MichelleK4 (Maryland)
Posts: 4
Posted:
It is a mess. Emails are going back and forth between homeowners and now our President is putting our occupation down. A few of us have been sharing these emails with each other so we can be on the same page. We have recently found out that our CCR's state that a bod can only run for one year unless they are elected again and that we have to have a annual election for all three members. He is claiming he can stay for 3 years. We have a homeowner that actually works for the county is having lunch with our County Attorney on Monday. Our next door neighbor has called our County Attorney and he is willing to go over the paperwork for us and give us his feedback. We also have a meeting on Sunday at a neighbors house. We are all getting together before this meeting. We have invited the Vice President and the Secretary to be a part of this meeting. What is working in our favor is that we have become friends with the Vice President and he has stated that he is having issues with the President. He disagrees with many things and now the President has stopped communication with him other than the monthly meetings. The elections are our biggest problemm right now but what really disturbs us is that he is using google earth to spy on us. It is a bit creepy considering he can't act on any violations by looking at google earth.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Your bylaws should speak about removing an officer or board member. Become familiar with the procedure. You can organize a recall of this particular person.

You are meeting, but that "meeting" has no power.

Some choices:

Ask for this guy's immediate resignation.
OR
Call a Special Meeting for the purpose of recalling Mr. X and electing someone else to serve on the board should be considered. Then the board can do their own internal election of officers. Again, follow your documents.

This guy sounds like he's stayed too long at the fair.

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