HOA President Misconduct

Started by JohnB65 • 4 replies • 1833 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

JohnB65 (California)
Posts: 2

Posted:

Just found out that an HOA member was awarded by California Superior Court a 3-year restraining order against the HOA president.
Does this mean the HOA president is automatically removed for misconduct reasons or do the HOA members still have to vote him out?
The Davis-Sterling act mentions misconduct and fair treatment by HOA board members to all of the HOA members.

MatthewW4 (Arizona)
Posts: 500

Posted:

John,

Could you cite the specific section of Davis-Sterling you refer to.

I would find it hard to believe that issuing a restraining order would be grounds for automatic removal. Orders may be issued for a variety of reasons. If the HOA was not named as a party, it may have been a neighbor-versus-neighbor dispute that has nothing to do with the fact that one of the parties is president. My own observation is that whenever someone applies for an order it is granted unless the respondent is able to vigorously refute the allegations. In fact, in my state similar orders are issued on the mere say-so of the petitioner and a hearing is held only if the respondent requests one. Courts seem to adopt the standard that the respondent is guilty unless he can prove his innocence. Therefore, I would not read too much into this situation.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I agree with Matt.

That said, it does present an interesting question.

How do both attend an owners meeting?

I would expect if the meeting time is announced in advance, then the President has the right to attend and the person with the restraining order must stay away.

Of course this is based on the logic that if one has a restraining order (say A against B), but A goes out of their way to get close to the B (like shows up where B works) then A is the one causing the issue and in violation of the restraining order.

One cannot have their cake and eat it also......LOL

ErikaB2 (Florida)
Posts: 36

Posted:

Ditto with that everyone else said.

Any one can get a restraining order on any one and make up any reason they want. I see the necessity of it in some situations, but many people take advantage of this just to get back at people or manipulate them.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Try contacting the local police to see what can be done. There may be automatic waivers within the order (providing everyone acts civil).

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here