JuanV
Posts: 6
Posts: 6
Posted:
Recently our board president resigned after being questioned about the appearance of impropriety at a board meeting. The ex-President then proceeded to tell the entire town about accusations made against him by a member of the board is the reason he resigned. Now the board is uncovering contracts that were signed without board approval, arch violations on ex-President not presented to board - instead the management company kept giving him extensions to fix his home, and architectural change requests from homeowner that he even though they are clearly against the guidelines.
As a board member, it makes me very angry that the ex-President got preferential treatment and was never required to attend a hearing for his violations, nor pay fines for noncompliance and yet the board fined other homeowners $10 a day for 90 days for their on-going violations. Now that he has resigned, this year's inspection revealed his violations from last year were still not fixed. We have sent him a hearing notice, however he seems to think that if he fixes the violation he will not be fined. In my opinion, whether he fixes the problem or not - he should be fined from the day the violation was supposed to be in compliance until it is fixed. If we do not treat him like all other homeowners, then we are guilty of preferential treatment. Personally, I think he should be punished much more because of the breach of fiduciary duty.
My question is - is the board allowed to tell other homeowners what was discovered or would this be considered libel or slander? If we cannot tell them, he could get re-elected to the board. As it is now, several homeowners have modifications that were done with his approval (and against our guidelines) that the board will be requesting to be reversed. The homeowners will be need to sue him for damages - not the board, correct? He did not have the authority to approve modifications that were not within the guidelines.
Is there anything the board can do legally to the ex-president to hold him accountable?
As a board member, it makes me very angry that the ex-President got preferential treatment and was never required to attend a hearing for his violations, nor pay fines for noncompliance and yet the board fined other homeowners $10 a day for 90 days for their on-going violations. Now that he has resigned, this year's inspection revealed his violations from last year were still not fixed. We have sent him a hearing notice, however he seems to think that if he fixes the violation he will not be fined. In my opinion, whether he fixes the problem or not - he should be fined from the day the violation was supposed to be in compliance until it is fixed. If we do not treat him like all other homeowners, then we are guilty of preferential treatment. Personally, I think he should be punished much more because of the breach of fiduciary duty.
My question is - is the board allowed to tell other homeowners what was discovered or would this be considered libel or slander? If we cannot tell them, he could get re-elected to the board. As it is now, several homeowners have modifications that were done with his approval (and against our guidelines) that the board will be requesting to be reversed. The homeowners will be need to sue him for damages - not the board, correct? He did not have the authority to approve modifications that were not within the guidelines.
Is there anything the board can do legally to the ex-president to hold him accountable?