President of the Board

Started by WendyP1 • 4 replies • 1320 views

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WendyP1 (Maryland)
Posts: 2

Posted:

Our President has issues with one of the Home Owners...The President has filed a conplaint with the Courts for a Restrianing Order against the Home Owner...wouldnt this be a conflict of interest...if the President does this then he has control over the Home Owner being allowed in to the Meetings. Is this allowed, does he have to step down.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Wendy,

If someone feels that they need to file a restraining order against someone and the court accepts the reasons why, then there is no conflict of interest in my mind. Typically, A conflict of interest may exist when the interests or concerns of an interested party may be seen as competing with the interests or concerns of the Association. I don't see how personal safety conflicts with the interests or concerns of the Association.

As for attending meetings, the member may send a proxy or petition the court to amend the restraining order to allow them to attend meetings.

Tim

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Let's not get personal issues and professional issues confused. The President or any other board member is still a person and homeowner. If someone is threatening them or causes bodily harm, then the police/court system steps in. Like Tim said, they may be able to talk to the court about attending the meetings but they still have to stay away a certain amount of footage. I've heard some restraining orders of 50 feet or less.

I've been physically attacked before by a resident. The police had to be called. There is a fine line between doing business and being personally assaulted/threatened for doing it.

Former HOA President

WendyP1 (Maryland)
Posts: 2

Posted:

I'm sorry - the President has issue with another Home Owner...the president walks around telling home owners that can and cannot do or have things, with out sending the proper paper work, finally a home owner got up and said things to the president and that is when they started yelling at each other, the home owner did not threaten but the president, got on his phone calling the police saying he was in danger. We live next to the home owner, and watched the whole thing happen...The president was yelling and acting like a fool just like the home owner...the real problem is the President. There are serval others who do not want him on the board anymore and we were all hoping this would get him out, so we did not have to wait for the meeting to elect a new board.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Then he needs to be recalled.

Find out from your documents just how this is done.

"Some" of the homeowners is not enough. You need more homeowners made aware of his behavior and are willing to take steps to get rid of him.

What about the other board members? How do they feel. They MAY be able to remove him, if the procedure is in the bylaws that gives the power to the board. Otherwise the Members have to do it.

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