Elections and New Board Members

Started by KathyR5 • 4 replies • 1826 views

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KathyR5 (Texas)
Posts: 24

Posted:

Our annual elections are coming up with 2 vacancies needing to be filled. There is one homeowner who may run for a position on the board who I don't feel is right for the job. This homeowner has received a few violation notices in the past and each time he claims he's being picked on and singled out when that's clearly not the case. Anyone can look around the neighborhood and see that no one else is in violation of the things he claims to be singled out for. Violation notices are sent out equally to all. He's even told the board that he has contacted an attorney every time he's received a violation notice. He recently sent a hastily written, angry, reactionary email to board members about an incident that had nothing to do with the board. Based on his previous conduct, I'm not confident that he would enforce our HOA bylaws or be a positive person to have on the board. He's currently in violation of one thing that the board has not sent a violation notice about yet. So far, he corrects violations when notified, but not without acting like a victim and threatening legal action.
My question is this, as a current board member, how much information can, or should, I reveal to other homeowner's at the meeting about the communication we've had with this homeowner? My understanding is that all HOA business is open to homeowners. There is only one other person that I know of who wants to be on the board so I'm afraid he'll get in due to lack of interest. No one else I've spoken with wants to be on the board.
I don't want to make this a hostile situation, but if he puts his name in for a position, I feel I have to say something. How can I approach this situation without appearing like I'm attacking him?
Thanks for any help.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Here is some advice..Let the guy run for a position on the board. It's his right if there aren't rules against members in good standing losing their voting rights. If your having OPEN meetings already then people should already know violation letters are being sent out. Maybe NOT the individual's name but lot #.

If this person gets on the board they may find the view quite different...It may take a bit of time but they will learn a lesson or two on what it truly means to be a board member. It is NOT the free ride he's going to try to make it to be. Besides you all can out vote him...

By the way, when someone threatens to sue their HOA, just respond "Go for it...We look forward to the paperwork..." It is cheaper for the HOA to counter sue than file a suit. The other thing is if you sue your HOA..Your suing yourself and your neighbors. A fact you may want to educate him on...The HOA insurance isn't going to necessarily cover him on the liability side either as a board member...

Former HOA President

JonD1
Posts: 2,350

Posted:

Kathy:

Sorry but I could not disagree more with some of the other advice. IMO there is no way I would allow this person to sit on the Board. Now that requires time, effort and a willingness to do what needs to be done.

How many units do you have? How many people attend your monthly meetings out of those owners?

I would feel no need to have this person sit on the Board as an education tool for them when they might not have the ability to learn. In the meantime you and the others on the Board will be dealing with them which sounds like something I would rather not do. We should all be able to figure out where this might go should they win a seat on the Board. Not pleasant!

First order of business to find TWO candidates willing to run and SERVE.
Next order of business get the word out either at the meetings, after the meetings or in private conversations with your fellow owners. And just hwere is the rest of the Board on this? Would be nice if they involved themselves and assited in your efforts or THEY will be dealing with this person as a member of the Board.

Bottom line just how badly do you wish to make sure this person does not serve? Then your effort should be equal to that goal.

And sometimes things might need to get a little ugly because taking the HIGH road might not get done what you require.

KathyR5 (Texas)
Posts: 24

Posted:

TX Property Code, Sec. 209.00591. BOARD MEMBERSHIP. says all owners may run for the board, unless that person has been convicted of a felony or crime involving moral turpitude.
So this person can run but it doesn't mean I can't speak up, does it? Can I mention specific violation notices (as a last resort) without overstepping my authority? I want to be as diplomatic as possible without appearing weak.
I've had alot of conflict with the current board as far as the enforcement of our bylaws so I don't expect anyone to have my back. The one board member who has quietly supported me is leaving. They give far more leniency to violators than I do and I end up looking like the bad guy at every meeting. I'm not an overzealous board member by any stretch, I only point out the blatant violations. They turn a blind eye because they want to be liked, well I want to be liked too, but I tell them that it's our responsibility to enforce our bylaws, fairly and consistently, or we could find ourselves in some legal hot water. Their focus has been more on the "fun stuff", while ignoring or downplaying violations that affect our property values and neighborhood safety. I do my research and come to them with facts, laws and specific restrictions and they argue with me or don't take the time to understand it. If I hadn't reported some of these violations, I don't think any notices would have gone out at all. I can't tell you how many times I've come close to resigning over the past year, it's caused me some extreme emotional stress. I just want to stick out my last year and make sure the neighborhood doesn't decline due to lack of enforcement.
I'm going to approach a few neighbors again who I think would be great on the board to see if I can get at least two to run.
Thanks for listening and for all of your suggestions!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Kathy,

I understand your concerns. Unfortunately, unless there are qualifications for Directors written within your governing documents, the individual is entitled to run for the Board.

Honestly, I suspect the previous boards thought I was not right for the job when I submitted my name for Director. After all, the board had cited me with a violation I thought was improper. I threatened legal action if they wanted to pursue it. I was writing newsletters to the membership stirring up issues within the membership. I submitted my name for three years straight before being elected. When I was elected, one Director quit and one independent contractor quit. Life went on. I'm currently serving as Treasurer. Prior to that, I served as President for two years and as a member of the Architectural committee before that. Personally, I think the Association is better. I'm sure there are others who think it is not. It all depends on the individuals perception of the issues.

As a Board member, you have a responsibility and duty to keep private things private.

If the Board feels that they should release information about this individuals violations, then they better be releasing information about violations of all members. I don't think the Board wants to start doing this.

If you don't want this person elected, then the best option is to make sure that there is another candidate (or two or three) to choose from. Otherwise the individual will be elected because they will be running uncontested. If the Board has an Q&A with the candidates prior to the polls opening, it's certainly permissible to ask the candidates if they have ever received violations and see where the discussion goes. It may or may not be a deciding factor for members.

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