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Removal from Board since causing problems with MA by asking questions and requesting documents

Started by MaryB312 replies • 1673 views

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MaryB3 (Maryland)
Posts: 21
Posted:
I have had issues with our MA. I was first elected to the Board after having moved in 12 weeks earlier. At my second meeting (the first took place immediately after being elected) I requested a copy of the management agreement/contract and copies of all contracts that we entered into including insurance (master policy, board liability), etc. That was 26 months ago. I have not seen any of them. I have asked for copies both verbally and in
writing.
The purpose was to educate myself for my new "job".
Now, the pres of our HOA is telling me that she is going to have me "removed from the board" for basically causing problems by asking for these documents? Why is this a problem? It is the law.
Her comment today (after informing me that she will have me removed) is that these requests need to go through her? I informed her that this was the first I had every heard of that. She said it is in the management agreement. I explained that had I been given a copy in the beginning of this "argument" I would have known that and suggested that the Board put together a new board packet so that new members would know how and where to request these items. She brushed me off.
I did tell her that she better review the law and our condo docs so that she is aware of the procedures in having me removed. I also told her that I would excerise my right to inform all the HO of what the board does and more importantly does not do.
Any suggestions?
RogerB (Colorado)
Posts: 5,067
Posted:
Mary, your desire to be an informed Board member is admirable. Your idea of a new Board member packet is an excellent idea. Every Board member should at least have a copy of the MC Agreement and be able to contact the Managing Agent. Also every member of the association should be able to view the files at any time. How long have the President and managing agent been controlling the association and the Board

Perhaps a less advisarial approach is needed by both you and the President. Try using the honey rather than the vinegar approach.
MaryB3 (Maryland)
Posts: 21
Posted:
Can I record executive sessions or closed sessions of the Board? I am the secretary.
BrianB (California)
Posts: 2,820
Posted:
check your bylaws as well... there are typically very few reasons a board member can be "fired" or removed, and even fewer can be done by anyone other than a vote of the owners.

IE, the president didn't elect you, she can't fire you. Typically, only your own misconduct or the owners can do that.

MaryB3 (Maryland)
Posts: 21
Posted:
Brian,

I check the bylaws - no it takes an action of the homeowners. I don't know who I have behind me but I will be sending a letter all of the homeowners.

Mary
BrianB (California)
Posts: 2,820
Posted:
I would say you don't need to involve the owners... they did nothing, they know nothing about the situation, yet..

Basically, the president can "fire" you all she wants, you simply need to point out, with bylaws in hand, that she has no authority to do so. And then go onwards about your business and running the association.

Let her jump off the pier, and be seen as the crazy one.
HaroldS (Arizona)
Posts: 906
Posted:
Mary - You have waited 25 months to begin informing your homeowners about what's going on? I would assume in that time there have been a couple of elections. Why are those board members still in power? As a homeowner, and more so as an elected officer, you are entitled to review the financial documents and contracts of the association. How have you sat there for 25 months without this information? Isn't the secretary supposed to maintain copies of all contracts? How were you able to vote intelligently on any issue without that information? Did your MA contract not come up for discussion or renewal in all those months? Frankly, if I were a homeowner in your association, I would wonder why it took you so long to come forward since you have been a part and parcel of this board for over two years. That seems a very long time to patiently wait for information. Harold
MaryB3 (Maryland)
Posts: 21
Posted:
Actually, the board can remove me as secretary - fine. But legally, I can and will still record all board meetings. They are complaining (not all of them) that my minutes are too detailed by including options that we discussed and passed over and by including that one or two member may vote against something.
RogerB (Colorado)
Posts: 5,067
Posted:
Mary, minutes should not include options discussed without a motion and a vote. Those opposed to a motion should definitely be identified by name for their protection (in case of a law suit). Minutes must be approved at a later meeting before they become official.
BrianB (California)
Posts: 2,820
Posted:
the board can remove you as secretary, yes... that's a position within the board. but they cannot remove you as a board member (by most bylaws).

MaryB3 (Maryland)
Posts: 21
Posted:
Thanks, I will make those adjustments.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Mary,
Don't feel bad about things taking so long to happen. You hang in there, watch and wait, your time will come.
One thing that might help.
Set up an unofficial web site about you HOA.
Don't say anything that is adversarial, start out with information, history of the complex, newsy stuff, improvements being mad in condo or HOA, just be a good neighbor stuff and don't mention board unless it is good. Post their names, assignments, e-mails and phone numbers if they have publ;ished them. Get a little social group together to help you. Put a "contact us" button but nothing like a discussion page, be clever, insinuate a little, put up pictures pertaining to place.
Down the linee when you and your group are up and running and have got a little interest, be a little more daring. Make sure the board knows about your intentions. Ask the Board if you can set up an offical wed site, they will probably tell you know because they will be afraid what you will put on it. When they refuse, do it yourselve. If you have lots of owners living there, stick littlee announcement under their door and ask for e-mail addresses so you can send them e-mail. Asmall group can come up with all kinds of way to pressuire the board and get their attention.

We did this and the first thing that happened was a ton of compliants about the site from owners and one request from a Board member (secretary to remove his name, position on Board, phone #, and e-mail address. Now he has a perfect right to do this and we immediately followed his wishes by leaving the Board secretary position blank and noted it was requested to be omitted.
Chapter one of our little groups efforts.
You also notice this is a public sitr and nothing I am suggesting breaks any laws that I know opf, just be care ful what and how you say it.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
OOOOPPPS!!!!
Looking back on my last, I find I should have typed, COMPLIMENTS' not , complaints. This site has been extremely well received. Sorry!!!!

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