Incompetence Accusations

Started by CarolR11 • 6 replies • 2192 views

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CarolR11 (Colorado)
Posts: 2,563

Posted:

Hello, I've learned a lot from reading this site and now I need advice.

I'm president of a board of seven because no other director wanted the position. We're a 200+ unit high rise HOA. The only new member on the board ran unopposed in our election nine months ago, and has sent me some emails in which he basically accuses me of incompetence and the inability to "get things done."

"Hal" only has one goal, which is to repair or replace a major cosmetic issue. Several months ago, the board prioritized how our funds would be spent, and the board placed two major structural issues ahead of his cosmetic issue. We're putting both out to bid soon.

For about four months now, Hal's nagged me and also and our full time onsite P.M. to handle his pet project. The P.M. explained that only the board directs her activities. I've explained to Hal repeatedly that only the board decides when we'll take up the work that he wants done. I have no such authority. Though his previous emails have been very insulting, I've taken the high road and replied courteously and clearly.

Recently, though, he sent me a very nasty email with his usual incompetence rant and copied the other directors, which is a new low for Hal. I replied to all briefly and courteously.

Questions:

Should all of us directors discuss Hal's behavior at our next executive session, when I'd ask him to stop sending offensive emails to me?

We have a brand new onsite P.M., who was alerted by the departing one about Hal's rude, aggressive requests and his attempts to direct her. The new P.M. has a file of all of Hal's emails. Shall I forward Hal's latest screed to the new P.M.? It seems that she should know of Hal's latest antics. But I'm not sure. Thank you.

PetunkaM (Florida)
Posts: 1,009

Posted:

Carol,

Can you include Hal’s request in the next BOD meeting agenda and copy the Board members on his recent e-mail(s)? Discuss the budget issues and vote, again, on the cosmetic issue. If approved and no money in the budget than you have to go for a special assessment. Well, it may be just one option of many.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CarolR11 on 08/06/2011 8:45 AM

I'm president of a board of seven because no other director wanted the position.

LOL I was made President because they went around the room clockwise and I was the last in line.

As Petunka advised, the easiest way to deal with this issue is to place it on the agenda and discuss it.

If it were me, I would place the issue on the agenda. At the meeting, discuss that the issue had previously been looked at and a previous board thought it was best to fix structural issues over cosmetic ones. However, at the request of abc I've placed the issue on the agenda.

Give him the floor to discuss it.

During the discussion, make a point that costs probably have changed since the last time it was looked at and costs should be looked into to make an informed decision. Mr/Mrs abc, since you appear to have the most interest in this issue would you please get together cost information so the board can decide if the project should be moved higher up on the list? You have no authority to approve work, we are just looking for expected costs.

Motion that the issue is tabled until the costs estimates are completed by abc.

Move on with the agenda.

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Don't take the incompetence comments personally or concentrate on them much. He's just trying to be the squeeky wheel and trying to get you to spray oil on it. Treat him fairly like you would anyone else making the same type of request. Let him see you are treating just as fairly as someone else with a similar request. This can be done basically by stating that the HOA is ONLY funded by the members for the members. If you would like any projects done, you must present the budget for the project, 3 bids from contractors, state the need for the project in front of the ENTIRE BOD and membership, and recognize a special assessment may be required to get your project done. You may also want to read or paraphrase these emails in your meetings as it is the BOD's responsiblity to be informed of such issues.

I had a similar issue with a member who was an interior decorator. She insisted on re-doing our clubhouse into her vision. Well her vision would have caused some serious cosmetic issues. The paint color she wanted would have showed all the tape removal attempts over time and need to repaint frequently would result. No one wanted the clubhouse redone accept for the new carpet that had to be installed. She went behind my back and tried to get someone to influence me to agreeing to her project. My response did NOT set well with her. I told her that if she wanted this project done, she had to present it to the board and NOT just me. The WHOLE board had to approve the project and know the costs of it. She refused to speak up at the board meeting. When I did bring the topic up, the BOD and other members in attendance ALL agreed to vote NO on it. I made sure she saw that it wasn't just my opinion. It was everyone in the room. It hurt her feelings and do the whole "incompetence" rant too. I just ignored it and moved on. Everyone knew what was going on so I didn't have to concern myself with it.

Former HOA President

CarolR11 (Colorado)
Posts: 2,563

Posted:

Thanks, PetunkaM. Two day's before our most recent regular meeting, Hal emailed me to politely request that his issue be placed on the agenda. I replied that, per CA Civil Code and our Bylaws, there's a 4-day-notice-to members-requirement. He does know this. I also invited him to submit a written request to our P.M. for the August meeting. He responded "Can't you just do it (put it on the July agenda)?" I replied that I would not break the law, and again extended the invitation to submit for August.

His previous demands weren't agenda requests but orders to go ahead with the work!

So, yes, the board can discuss this again at the August meeting if he submits his request.

DoloresM2 (California)
Posts: 60

Posted:

I wonder why this project is so important to him that he risks alienating just about everyone. I congratulate you on your professionalism in dealing with him. It sounds like he has learned, by his last request, that he needs to respect you and the process.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Wow! Thank you, everybody, you've helped me gain some clarity.

1. As I mentioned elsewhere, this will be on the August agenda. If he fails to meet the agenda request deadline, I'll put it on. Btw, it wasn't a previous board,, Tim, that set the priorities, it was the current board. Hal simply didn't get his way.

Our PM, who has an Asst. Mgr., is the one who collects bids. This which the previous PM had started, is what our brand new PM is doing right now on the two other very major projects. One will exceed $300k and will involve a lot of workers at our tower. The 2nd one might be about the same cost and also will involve a lot of workers here. So, while money is an issue, it also seems to me that management will have their hands very full with coordination work for the next couple of months.

But the idea that you inspired, Tim, is that perhaps we can form an ad hoc committee of owners to start exploring the cosmetic issue. There are a few possible ways to solve the problem, which in fact, is very unsightly. Hal could be the board liaison.

What Melissa led me to understand is that it's good that Hall copied all other directors with his nonsense because they really can see what a jerk he is. His emails don't actually upset me partly because his writing is terrible and his logic is always goofy. I haven't shared them with any other directors--yet. The other directors do know that I'm competent and that I've accomplished a whole lot.

Actually, Dolores, his tardy agenda request was polite, but the email he sent me and other directors yesterday was really nasty and was about a related but slightly different topic.

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