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WayneM2 (California)
Posts: 12
Posted:
I will try and keep this simple.The BOD ,after getting bids on our lake maintenance,and road repair,sent a ballot out by mail to the entire membership.On our Board we have two members at large that are not playing nice,and has formed a small group of people ( dark Side )intent on doing everything possible to discredit me i have been president for 21 years,I know i need my head examined.Since the road work bids were obtained by me,they started to send out e-mails and phone calls telling the members to not vote on the road bids because they were not valid,they claimed that they were the BOD,then put a meeting together without my knowledge saying again that it was from the BOD. I have since learned that they mislead the members into believing that I somehow getting monies from the contractors.We have been saving money for years to do much need road work and over the years the majority of the members were excited.I recieved numerous calls from members saying they were confused and told not to vote until they attend their meeting.the meeting was held without any officers attending,but from what I heard they went out of there way to tear me up with unthruths.fast forward,ballots came in and the road was defeated.
Question? how can these people use the HOA name for their agenda and is there a civil code for mis use of membership lists.
These people were voted out a couple of years ago for many reasons and has vowed revenge.They are a strong adversary they have brought hate and and a host of other bad things to our community.now I am being asked to sign a 15,000 check for the lake which the voters were manipulated. my job has always been to protect the association,and listen to the members.Some members are calling the balloting fraudulent,others are saying they are going to seek legal action if I don't sign the check. I have the BOD majority. what to do ?
JohnB26 (South Carolina)
Posts: 1,569
Posted:
petition the court system to appoint a receiver for the corporation

then

enjoy your retirement
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Wayne

Did the BOD get at least 3 bids?

Did the BOD discuss/vote on which bid to accept?

Is the BOD accepted bid the one owners are being asked to vote on?

If all 3 answers are yes, then you have done what you should do. Let the chips fall where they will.
WayneM2 (California)
Posts: 12
Posted:
John,thanks for the reply. two out of three are good enough I guess
Chips are falling ( also a rum and Coke)
CarolR11 (Colorado)
Posts: 2,563
Posted:
Wayne, help us out a little. Would this $15,000 check come out of your HOA's reserve account? Doesn't a check of that size need two Board signatures?

What do you mean when your write you "have the Board majority"?

What size is your HOA?

Are the two still on the board or not? I'm having trouble understanding that part.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I have been in a similar situation...It's not pretty but it's life. The worst part is that you can not bad mouth these people in same. It just brings you down to their level. Which is what they want. Instead you have to keep your even keel and forge ahead.

Simply have another meeting and call everyone to it. You can call a special meeting. Get your facts straight and have your bids in hand. I would always have a policy of a 3 bid rule on projects over $100. Plus they must be licensed and insured. Anyone can submit a company to be considered. They need to do some legwork too if they want their friends to get the job.

Leave the whole bad mouthing stuff at the door and get to business. Explain the situation and the need for it. Is this what people want their money spent on? It is their money after all. The BOD/Officers represent that. Make sure to make that point.

Remember suing your HOA is suing yourself and your neighbors. Anyone who threatens to sue ALWAYS respond with "Thank you I look forward to seeing the paperwork..." It is cheaper for a HOA to counter-sue and 99% of those that threaten to sue don't. Don't let a lawsuit threat stop you. Again make sure members understand the suing yourself concept. They won't like it but it could change the approach.

Good luck and God bless you for being President for this long... You truly do live and breath it at this point...

Former HOA President
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By WayneM2 on 06/05/2013 12:40 PM

Question? how can these people use the HOA name for their agenda and is there a civil code for mis use of membership lists.
These people were voted out a couple of years ago for many reasons and has vowed revenge.They are a strong adversary they have brought hate and and a host of other bad things to our community.now I am being asked to sign a 15,000 check for the lake which the voters were manipulated. my job has always been to protect the association,and listen to the members.Some members are calling the balloting fraudulent,others are saying they are going to seek legal action if I don't sign the check. I have the BOD majority. what to do ?

They can't but unless you or the Association wants to sue them there is little that can be done. Even if there is a code for it (I'm not an attorney) since it is a civil matter, you or the HOA would need to pursue it.

I would not sign a check as it was not a valid meeting and if it wasn't a valid meeting it was an invalid vote. You have the bully pulpit, how about a FACTUAL NEWSLETTER explaining the need for the lake and road work and why a vote held at an invalid meeting was not binding on the Board. I would keep it strictly business and factual and would not acknowledge the two by name or get into anything that was said about you personally.

As to the ones threatening legal action, tell them that is their prerogative and the HOA's attorney stands ready to respond.

Studies show that 5 out of 4 people have problems with fractions
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 06/05/2013 1:50 PM
Wayne

Did the BOD get at least 3 bids?

Did the BOD discuss/vote on which bid to accept?

Is the BOD accepted bid the one owners are being asked to vote on?

If all 3 answers are yes, then you have done what you should do. Let the chips fall where they will.

Not to badger you but could you answer each question. I am trying to get my arms around where the problem might be so as to offer advice.

Thanks

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