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LaurenM (Texas)
Posts: 20
Posted:
Thanks to everyone who posted to give advice on this subject, especially JohnM, you were all so helpful and supportive.

We did have our Special Owners meeting yesterday. I attended to chair the meeting and after my review of the proxies, 19 owners assigned their proxy vote to our pm, with 8 owners in attendance, I began the meeting with a qourum. Owners in attendance motioned and seconded to not use Roberts Rules as parliamentary procedure and immediately followed with a motion to replace me as chair. Of course, I stated that the motion was out of order with reason that I was the only BD after two resignations and would chair in the interest of owners present, and NOT present. I also stated that there seemed to be enough interest for a special election to be had and explained the procedure for such (14 days notice to all owners, pursuant to our by-laws, nearest date being 8/27 and that would be sent out immediately) Our pm had orchestrated this turn of events and made a statement that an election must be held at the current meeting and that it was prefectly within rule and that he had obtained legal counsel regarding this matter. The statement was false, but at that point they all could have been holding pitchforks and torches, so I said that what was to occur was against our documents, the matter was pressed again to replace me as chair and a motion made and seconded and I abdicated the chair stating that I have acted according to my fiducairy duty since I was elected, that I had no ulterior motive to serve if I was not representing the majority of owners interests's and left my seat. The acts that followed were to vote a new board. I was disgusted and left the meeting. The conclusion is that I have been removed as a Board director of our community, and so will no longer be posting to this site.

My first thoughts were that everyone has allowed themselves to be led by our pm whose only interest is in continuing to funnel money from our HOA for his own benefit. I thought that all involved were ignorant to allow this to happen. Today I feel that I am the one who is ignorant. I honestly thought that removal of our pm from his position was desired by the majority of our community and I was focused on that task from the day I was elected to serve. I realize now that I was the misguided one - our owners are content with the situation as they know it because our pm controls all interaction with the board. Owners do not know or care and after my letter to owners was received no one contacted me directly.

A sad lesson for me to learn. I am not a politician but had I been more intuitive on the aspects of politics I would have avoided the 6 months I spent in reading and understanding our own documents and Texas law that governs our HOA. It is obviously more important to understand what motivates the community to action rather than in the law itself.

Thank you all so much for reading
JohnM48 (Pennsylvania)
Posts: 89
Posted:
Sorry that it turned out that way Lauren, I had the benefit of most of our membership being disgusted with our pm.

My best to you and your community.

Association President
JenniferM10 (Illinois)
Posts: 97
Posted:
Lauren, I can't imagine how dissapointed you feel.

Please don't feel like you can't still be a part of this forum just because you're no longer on the BOD. I have never been a board members, but I'm here to learn and understand how communities are run so that 1) I can ask intelligent questions and have realistic expectations of my BOD and 2) if I do run in future, I will hopefully be able to so in a way that benefits my community.

Your perspective may also help other people who post questions on a similar matter in future.

Thanks for sharing your update.
BruceF1 (Connecticut)
Posts: 2,535
Posted:
Quote:
Posted By LaurenM on 08/14/2011 10:12 AM
We did have our Special Owners meeting yesterday. I attended to chair the meeting and after my review of the proxies, 19 owners assigned their proxy vote to our pm, with 8 owners in attendance, I began the meeting with a qourum. Owners in attendance motioned and seconded to not use Roberts Rules as parliamentary procedure and immediately followed with a motion to replace me as chair. Of course, I stated that the motion was out of order with reason that I was the only BD after two resignations and would chair in the interest of owners present, and NOT present. I also stated that there seemed to be enough interest for a special election to be had and explained the procedure for such (14 days notice to all owners, pursuant to our by-laws, nearest date being 8/27 and that would be sent out immediately) Our pm had orchestrated this turn of events and made a statement that an election must be held at the current meeting and that it was prefectly within rule and that he had obtained legal counsel regarding this matter.

What was the vote to discard Roberts Rules? It takes 2/3 majority to suspend the rules. Also, if your documents or state law mandates the use of Roberts Rules, then you must substitute some other accepted parliamentary procedure in their place.

You were correct to rule the motion to remove you as chair as out of order, but the proper reason is that it was not an original agenda item on the notice of the special meeting.

Unless your pm is an association member, they have no right to speak at a meeting of a homeowners unless invited to, and only on the topic upon which they are invited to speak. The pm should have been ruled out of order. Any motion to hold an election would also be out of order since it was not an item on the agenda of the special meeting. IMO, the statement that the pm obtained the advice of legal council is crap. No competent lawyer will advise someone to go against their own documents. Furthermore, as a general rule, lawyers are notoriously ignorant about parliamentary procedure. I once had a lawyer even tell me that.

Sorry to say this, but I think you were bullied by your pm. It is unfortunate that things turned out as they did. Perhaps, in hindsight, you should have done some advance PR and obtained some proxies yourself. Perhaps you can eventually make people see the light and set things straight.

LaurenM (Texas)
Posts: 20
Posted:
Bruce, I absolutely was bullied. As far as Robert's Rules being set aside - I couldn't believe that! The pm had exactly what he wanted with 19 proxies in his control (that's 2/3 of our membership). No action should have occured at the meeting EXCEPT the FHA change, and I stated such with our by-laws section and the section of TUCA. But the pm lied and everyone just believed him once again. No one even bothers to read our own documents. The situation is pathetic - our property is dirty, in disrepair and the last three units sold were below market value according to the MLS. I'm disgusted completely, but I should have understood that the pm would pull out his worst and he did.

It is unfathomable to me that owners do not see that their rights are being violated and that they are being robbed monthly in what we pay for our pm's "services".

Anyway, I have taken away a lesson in that politics is important, especially in a small community. So anyone with a similar situation should make sure they speak up and make their case strongly in order to gain support.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Lauren,

Are property managers required to be licensed in Texas? If so, perhaps contacting the authority that licenses property managers or the state ethics commission (if there is one) might be in order. In my opinion, your pm acted unethically by using his position as pm to try to control the votes in the association. Be prepared, though, there could be fallout if you decide to turn up the heat.

I don't remember you mentioning the size of your community. However, if a number of the homeowners were unaware that an election of directors was going to take place (no notice was sent to that effect) those owners may have behaved differently had they known. They may have chosen to be there rather than send a proxy or to not bother with the matter at all. The owners who didn't attend and sent proxies may have considered FHA changes unimportamt routine legal stuff that they didn't care about. Choosing directors may have been more important to them. Those owners, unaware that an election of directors was going to take place, were denied the opportunity to make their own nominations and to vote their own choice. It is exactly for that reason that it is against the rules to vote on anything other than what's on the original agenda contained in the notice for a special meeting.

If the election was held in violation of your own documents (no proper notice given} then, technically, the election is null and void (as if it never happened) and could be set aside by a judge if a court challenge was made. Your pm (and certainly a lawyer) should know that.

You can also try to run for the board again in the next election. In the meantime, you could try to educate the homeowners (especially those who sent proxies) on how they were cheated out of due process and their right to determine who sat on the board. Perhaps they would think differently if they know that. Maybe you could convince one or two others to run as well.

Unfortunately, if the majority of the homeowners are apathetic and are satisfied with the status quo, then there is likely not much you can do. But, you'll never know if you don't try.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Lauren - you never should have had that meeting as a "bare-butt" officer. Those vacancies should have been filled ASAP by you so you had some support at this meeting.

You underestimated the power of a PM with a fist-full of proxies.. (Please tell me he/she is a Member, otherwise he should not have even had control of those proxies unless it says the PM is given control of them which I doubt. Plus a resident/PM is a conflict of interest)

As presiding officer you should have ended (adjourned) the meeting when control got lost. ANY business except for which the meeting was called for - even you discussing the directors - was out of order.

Sorry you had to go thru this. Sometimes you gotta let people be wrong. Sit back and see what happens. "I told you so" is sweet revenge.

BruceF1 (Connecticut)
Posts: 2,535
Posted:
Susan,

I think Lauren said in an earlier thread that the pm was a homeowner.
LaurenM (Texas)
Posts: 20
Posted:
Thank you all for your support. I especially appreciate Bruce and Susan's continuation to read this thread and offer advice.

In hindsight, I see now how I could have adjorned the meeting. It's a little diffeent matter when you are in front of an anarchous group of individuals who do not know their own rights and are willing to disregard those rights even when pointed out to them. I felt completely over-run and I was. I couldn't sleep last night thinking about it and this has occured many nights since I was elected

To address Susan: our pm is an owner/member of our HOA. I attempted to fill the vacancies by sending a letter to all owners explaining the vacancy and asking for direct response to me. Not one owner responded to my letter. I am fairly certain that the pm turned them against me somehow and can only imagine what slanderous way in which he did that. I have acted completely ethically throughout.

Bruce: I thought I would formulate a letter and send to all owners attempting to open their eyes to the situation. Property managers do not require a license in Texas, but your thought that there may be an ethics commission is a good one which I will pursue. In the time leading up to this meeting I had contacted 2 HOa attorneys attempting to get legal counsel and will continue to pursue that.

Guess I'll continue the thread when I have anything valuable to add.

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