getting the silent treatment

Started by PattyB1 • 5 replies • 1620 views

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PattyB1 (Kentucky)
Posts: 40

Posted:

I need some advice.I'm VP of our HOA here in Ky.,and I was the only one elected.The other three had nobody running against them.My emails are not answerd and when they finally do,after several days,they are upset that I keep asking. I don't know what's going on with our bi-laws,and I've asked 3 times over the past 2 months,I'm ignored.We're supposed to have a board meeting tomorrow night,but I have no idea where or what time because they will not answer my email.The other board members had wanted me to step down a few months ago so a friend of theirs could take my place,and also someone with whom they would want to work with.I refused,our terms are up in july anyway.I like being a board member and I like all the neighbors I've met,we get along very well.You can't force people to like you,but it seems that the 3 other board members could at least be civil and realize we'd get more done together.I have things that need to be discussed tomorrow,but what can I do? Can they hold a board meeting without telling me and then just ignore me?

BrianB (California)
Posts: 2,820

Posted:

you may want to remind them that it is probably against the HOA bylaws to hold a board meeting without proper notification, especially to the board itself. Doing so would mean that any issues dealt with therein are null and void. In fact, in Arizona, it would also be illegal by state law...

"Unless otherwise provided in the articles or bylaws of the association, for meetings of the board of directors that are held after the termination of declarant control of the association, notice to members of meetings of the board of directors shall be given at least forty-eight hours in advance of the meeting by newsletter, conspicuous posting or any other reasonable means as determined by the board of directors. An affidavit of notice by an officer of the corporation is prima facie evidence that notice was given as prescribed by this section. Notice to members of meetings of the board of directors is not required if emergency circumstances require action by the board before notice can be given. Any notice of a board meeting shall state the time and place of the meeting. The failure of any member to receive actual notice of a meeting of the board of directors does not affect the validity of any action taken at that meeting."

HaroldS (Arizona)
Posts: 906

Posted:

Patty - This happens more often than you want to know. Search past posts and you will find other board members "shunned" by the rest of their board. Your board obviously doesn't need your vote to make decisions, so I'm confused why they would even risk legal challenge by excluding you. They are probably in violation of your by laws if not state laws by excluding you from the notice of meetings. If these are open meetings, they must also inform the entire membership of the time and dates. I would send one final email quoting your by law meeting requirements, and state simply you were elected by the members to serve on the board, and will seek legal action if they continue to ignore you. And then do it. Your board members would not be covered by your association insurance in a legal challenge because they are not acting in complainance with their own by laws. Harold

CharlesW1 (Georgia)
Posts: 826

Posted:

PattyB1,

I’ve learned a great deal from this HOA discussion forum. I don’t have any advice to relay to you, but I am curious to know one thing. You mentioned that there are three other board members besides yourself, correct? From all the other previously written posts it is always suggested to have an odd number of elected board members. If, I understand you correctly, you have three others besides yourself (3+1=4). What if a debate is brought up where two vote in favor of and two vote not in favor of, what do you do then?

I apologize if I do not understand you correctly. Please advise me if I am misinterpreting you, at all.

I have read the previously written suggestions as well and I would have to agree with a majority of what was written. I too would tell the other board members in one last email or even UPS certified mail to the President, with a return receipt. I would ask your questions and inform h/she that they are in violation of their own by-laws and possibly even state law requirements!

Keep us posted
Chuck W.

Charles E. Wafer Jr.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By PattyB1 on 12/03/2006 7:47 PM

I need some advice.I'm VP of our HOA here in Ky.,and I was the only one elected.The other three had nobody running against them.My emails are not answerd and when they finally do,after several days,they are upset that I keep asking. I don't know what's going on with our bi-laws,and I've asked 3 times over the past 2 months,I'm ignored.We're supposed to have a board meeting tomorrow night,but I have no idea where or what time because they will not answer my email.

Call them on the phone? Knock on their doors?

It's obvious that you have a problem here, it's up to you whether to deal with it or get out. If you decide to stick it out, I suggest that you drum up support for some candidates to run against the other members at the next election.

BTW: There may be a clause in your CC&Rs that will allow them to drop you from the BOD if you fail to attend the meetings.

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

ron, you are correct. many by laws spell out that if a board member does not attend a certain number, they can be removed from office. They may well be trying to do this. Luckily, since they are not notifying her of the meeting legally (most likely), she has cause that the meetings they are holding are invalid, and it doesn't matter how many invalid meetings I miss, you can't remove me.
But that could be a tactic they think they can try.

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