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JohnS46 (California)
Posts: 5
Posted:
Hi, our HOA recently held it's annual meeting. One lot owner (prior to this meeting) was unhappy that he rec'd a letter requiring him to paint a very small portion of his home (not his entire home). Since then, he has written a letter and posted it homeowners doors requesting to dissolve the HOA, plus make it a supermajority for homeowners to rule on any decisions that the board normally makes and requested a meeting with the board to discuss this and set it to a vote. The board has granted him and any other lot owners to discuss this for early next year. This board has always allowed homeowners to appeal a violation, request extensions (and have given them), and have tried to create a sense of community. However, no one in the community volunteers except 5 lot owners since the inception of the HOA - which constitute the board and ACC. So now at our annual meeting, one board member stepped down, and now this unhappy lot owner is on the board. It appears he is only on the board to propagate his own agenda (to dissolve the hoa, create a supermajority to decide on everything, which we all know is unreasonable). This lot owner is now communicating separately and on behalf of the board, without my or the other board's knowledge, trying to separate the community, saying that the board is unwilling or abusing its powers (which we are not). Myself and the other board member as well as other lot owners want our home values to retain and improve. He has argued that the 5 volunteers "standard" is set too high." He does not appear to understand the running of a corporation or hoa, and now that he is on the board, is continually using our words to twist them into something they are not, changing his mind on his own issues, and basically creating havoc for the board and dividing our community. I'm at a loss on how to handle and continue with this abuse from this lot owner/now board member. Any thoughts or suggestions?
TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

He is one vote on the board. The board rules by majority vote (or super majority if he had his amendment adopted).

If you asked someone about me 5 years ago, they likely would have said the same thing about me (having an agenda, dividing the community, etc.).

My advice, simply follow the rules to the letter. If this individual is only on the Board for one or two things and they don't happen because the other members of the board always out vote him, they will likely only serve one term.

LarryB13 (Arizona)
Posts: 4,099
Posted:
We had a similar situation in my HOA, except that it was multiple owners from one specific area who complained and managed to elect one of their own to the board. They actually filed articles of incorporation for their own association.

The way we ended up dealing with it was the board submitted the question in the form of an amendment to the CC&R's to all the owners asking whether we should dissolve the association. This would require 2/3 approval to pass. It failed. Most owners ignored the amendment completely and fewer than 20% of the owners responded. The dissidents lost very badly, went back home, and shut their mouths.

When you have a loudmouth demanding changes, I think the smartest thing you can do is let him find out exactly how little support he has. Put his ideas on the ballot and let the members vote him down.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
As others have said.

He is one vote but also he would need a 2nd for any motion he makes to be brought to a vote. If he is really off the wall, he may not even be able to get a 2nd. Even if he gets a 2nd, he is still only one vote.

Every BOD has a Chief Complaining Officer (CCO). He is yours.

Smile, make nice, ignore him.

Hope this helps.

JohnS46 (California)
Posts: 5
Posted:
Thanks.
CarolR11 (Colorado)
Posts: 2,563
Posted:
JohnS46.

If you have the support of your fellow directors, see it they'd agree to censure or discipline this person in some way in Executive Session. If you have a Code of Ethics, he's violating them. HOAs should have a Code of Ethics or similar document to guide directors' behavior.

Legally, he may be engaging in defamation of character in the form of slander. In Executive Session you directors can demand that he cease and desist. You can "discipline" hime in that way and tell him in no uncertain terms that if he continues saying nasty, untrue things about the Board, the Board will censure him at the next open meeting.

Scroll through the Main Index at davis-stirling.com for other ideas.

How did he become a director, anyway? What size & type is your HOA?

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