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RobS3 (arkansas)
Posts: 12
Posted:
We have a couple that is really hot & angry to buy properties in my 110 lot community.
We have an annual vote and we canvassed the community and got out the vote. We later learned that these people changed our votes, Went far and wide by phone and fax to collect votes, I believe committed fraud by falsifying ballots, and I believe threw away ballots of homeowners that voted but didn't vote for them. They took credit for our work and say that we're the ones stopping them from helping the community. They've claimed my idea for the crimewatch program is expensive 9its free) and speed bumps are not wanted, when we have nearly unanimous consent for the bumps.
They then threatened to stop the election with an attorney letter in an effort to restart the election since they were losing. Since then, they have threatened our homeowners, board, the D&O insurance company, the manager and our lawyer. It cost 30% of our annual assessments collected on Jan 1 to defend ourselves with our lawyer from these maniacs. But they didn't actually sue us, so our insurance doesn't cover it.
We still got 75% of the vote.

Today I find they are politically connected and their friend is running for reelection to US congress this year. They already succeeded in buying several properties in our development and seriously, have lied cheated and stolen our money when on the board before. Recently they have threatened their neighbor and cut down their tree without the homeowners consent. (crazy huh) They have called the city to get other homeowners in trouble for additions built 20 years ago, long before the house was purchased. They've sent anonymous threats by mail. They've called the city on neighbors who had home businesses and made sure that the affected neighbor thought it was an innocent board member. They have a police friend for a bodyguard when they come to meetings. These people were thrown off the board in 2010 when they were using proxies (which are illegal since 2005) and they wrote checks to themselves equal to in excess of 40% of assessments in one year. They threatened to fix a board members roof and bill them for it. I could go on but I haven't heard the half of it yet.

I think they want more of our houses. We get postcards trying to get people to sell their homes. They ran for the board wanting to install a rental limit which I think is just going to be a way to further depress the value of our homes so they can buy a few more at a cut rate price, and then remove the restriction when it suits them.

I am not yet exhausted, but I am beginning to hate these people. I've never seen anything like this.
I put flyers on peoples door so people could learn, with my own money. These people are screaming mad I did that. I mean screaming with threats that has the lawyer sending letters. They've demanded apology from me for bringing up issues with the election. We got thrown out of my favorite pizza place after we were threatened to be each personally sued.
This board is just one month old - Feb 2012. This is my second year being dumb enough to 'serve' my neighbors.
How do I stop this insanity? I am *this* close to going to the police to stop the harrassment and the newspapers for help.

SusanW1 (Michigan)
Posts: 5,202
Posted:
How big is your board?

Describe your HOA - are you a condo, detached homes, mobile homes?
RobS3 (arkansas)
Posts: 12
Posted:
5 board members
single family homes 900-1200 sq ft
JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Rob:

I can understand your frustration; however, the media should potentially be a last resort if possible because it can affect the marketability of property in the association. Per a couple of the items you mentioned:

1. Speed bumps are not wanted, when we have nearly unanimous consent for the bumps.

Are the streets public or private? If you have private streets then it is the HOA property; however, you also need to insure that certain items do not violate city/county regulations. Some areas do not like speed bumps in that it affects emergency vehicles responding to the area, so you need to insure this is not an issue in your local area.

2. I put flyers on peoples door so people could learn, with my own money. These people are screaming mad I did that. I mean screaming with threats that has the lawyer sending letters. They've demanded apology from me for bringing up issues with the election.

The last time I checked the United States was a country which allows freedom of press and speech. Therefore, you are allowed to express yourself as long as you do not cross the fine line between freedom of speech and slander. As long as items expressed are facts then they can be expressed.

3. We got thrown out of my favorite pizza place after we were threatened to be each personally sued.

LOL … not sure why a private business would be involved.

JanetB2 (Colorado)
Posts: 4,219
Posted:
From your original post if figured you needed to vent … ; however, now that you have vented what is it that you wish to accomplish?
JanetB2 (Colorado)
Posts: 4,219
Posted:
Sorry ... no edit button and should have been "I" figured you needed …not “if” … my bad.
RobS3 (arkansas)
Posts: 12
Posted:

1 Are the streets public or private? Streets are public. We're just waiting for city approval, depends on funding

2 Do not cross the fine line between freedom of speech and slander. Yes I got that one.

3. We got thrown out of my favorite pizza place
We don't have any facilities and I wanted to save the cost of meeting at the local church and let them threaten us in public.

What do i want to accomplish? Nothing. Guess I wanted to vent. I guess I'll just continue to video tape the meetings and put them up on youtube for public enjoyment.

JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Rob:

Generally if it is public streets the city either will not approve or if approved they potentially would be the entity to install. A city generally will not let others perform work on the public streets due to liability, so may not need to worry about funding.

It is a new board (one month per your original posting). At the meetings the board needs to remain calm and not get into a back and forth match with any owners. While owners in many states are allowed to attend and speak, the board should in many cases not respond except to state that the comment will be taken under advisement and move on with the agenda item. Remember it is board meetings and not membership meetings.

Are you the President?

JanetB2 (Colorado)
Posts: 4,219
Posted:
Hi Rob:

Another thought is to be sure and review your governing documents regarding paying or spending HOA money on property “not owned” by the association. Some documents may note that assessments are to be utilized to maintain and improve the common area property “owned” by the association. Possibly if the City approves the speed bumps and expects the association to foot the bill the governing documents may disallow such an endeavor. Wanted to give a heads up to be sure and carefully check the wording of your docs.

RobS3 (arkansas)
Posts: 12
Posted:
Thanks for the ideas..we already have one speed hump - they are installed by the city - free if speeds exceed 25mph and HOA pays if speed is below.
The main issue is that 30% of our funds were eaten up by their manueverings. This will result in a shortfall before the end of the year.
We have to notify the development and I am concerned that doing so may affect homeowners to sell, which is exactly their intent. I know that's what I would do if I was on the fence and concerned I might get an additional assessment.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Well the quicker it is addressed then individuals will know it potentially was not the current board at fault for the predicament. The important aspect is fixing and insuring everything is proper moving forward. Has your association done a reserve study and have a proper reserve fund?

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