More discrimination

Started by JM10 • 4 replies • 1364 views

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JM10 (California)
Posts: 503

Posted:

The Board of directors, after being elected withdrew to continue the meeting without an agenda.

I understand that they are supposed to have an agenda.

They actually refused to allow one of the officers (non-board member) attend this meeting and effectively have decided that one unit cannot attend the board meetings.

I understand this is a violation The Common Interest Development Open Meeting Act. No one on the new board seems to mind this.

Of course, no one seemed to mind open discrimination BEFORE the elections and it seems like the reason the election was held was in order to further discriminate against one unit.

Any advice? The unit is seeking legal counsel.

TimB4 (Tennessee)
Posts: 21,059

Posted:

When a Board doesn't want to follow the covenants or State law and won't listen to the members who point out the requirement to follow the covenants or law, the only option left is mediation or to seek legal recourse. Either one of those are bad for the community especially for a development as small as yours (10 units).

The membership needs to become involved and either recall the current board or file legal action. Filing for legal action will require the members to pay legal fees from two sides (their lawyer and their share of the associations lawyer). If successful, it might be possible to go after the individual board members who violated the law personally for the legal fees - however, you would need to check with your attorney over that possibility.

Good Luck and keep us posted.

Tim

SusanW1 (Michigan)
Posts: 5,202

Posted:

Some boards, immeiately after election, go into their first session for the purpose of electing officers only. That is the only reason they gather and the only business that can be conducted.

This process may be stated in your bylaws.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

You stated the officer is a non-board member. Is this person a renter or an owner? Curious if the reason behind the issue could be the person is not an owner in the HOA. Which would make sense why they aren't allowed to attend. It also could be a reason of misbehavior. I've had some irate homeowners attend meetings that prevented much of the HOA business to be completed due to their actions. There has to be more to this situation than posted.

Former HOA President

BruceF1 (Connecticut)
Posts: 2,535

Posted:

If the meeting was an organizational meeting for the sole purpose of selecting new officers, as Susan suggested, then there would be no reason for the "officer" in question to be there, because, not being a member of the board, that person would not be entitled to vote anyway. Furthermore, if this was an organizational meeting following the election of new board members, then my guess is that the "officer" in question is now in reality a former officer whose term was up as soon as the new board was elected. It would be up to the new board to decide if they wanted to elect this person to continue as an officer with the new board.

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