Errant Community Association Manager

Started by RaoP • 4 replies • 3213 views

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RaoP (Georgia)
Posts: 3

Posted:

I am a member of the Board and Vice President in the HOA with 40 unites, situated in the state of Georgia. Towards the end of November 2005 - he sent out a circular letter to all the residents/owners, stating among other things, (a) that the Board has only two members (President/Secretary) and three other positions are vacant and (b) that the Board held meetings and directed him to do certain things. Both these are factually incorrect. I am the third member of the Board and Vice President and no meetings of the Board, that I was aware of since October 2005.

Immediately upon noticing the above errors, I suggested to the President and the other member, to have a meeting of the Board to consider these inaccurate statements with the intention of getting an explanation from the Community Association Manager (CAM) and ask him to send out another letter with the correct information. The President (and I do not clearly know the stand of the other member) did not reply to me for two weeks and finally for the third email message responded vaguely suggesting/saying that there was some conflict of interest issues that warranted my removal from the Board - but at any rate agreed to meet. The three of us met and I had questioned the motives of the CAM and his employer in deliberately omitting my name as a Member/VP of the Board and also for wrongly stating that there were Board meetings - when there were none.

Unfortunately the other two members (I am not very certain of the other member as yet) and the CAM have been acting in a league and doing things behind my back. I would appreciate if other members of this forum could guide me in how should proceed in asserting my rights and privileges as a Board Member and what legal remedies I can seek against the errant CAM for the deliberate misrepresentations and wrong doings and against the President and the other member who have been supporting the CAM.

Thanks!

RaoP

AdrianC (California)
Posts: 36

Posted:

Hi RaoP,

Firxst of all awsk for the minutes of the meetings.

You should have copies of the meeting when you were elected to the board. Now get copies of notices of meetings, and minutes of all meetings since your election. They are required by law to make thes available for inspection at any reasonable time, and you are entitled to copies.

Minutes should reflect any decision that was made and any financial decisions or contracts entered into.

If the letters contradict the minutes you have somewhere to start.

AdrianC

BeckyV (Michigan)
Posts: 43

Posted:

I agree with Adrian. In addition, if the board did meet, there was not a quorum - the letter indicated a 5 member board required but with 2 only members active. If your bylaws so state, they could not conduct business without a quorum.
Good Luck
Becky

RaoP (Georgia)
Posts: 3

Posted:

Thanks Adrian and Becky!

Except for the very first meeting after elections at the annual general meeting - some time during May-June no other meetings were held and minutes were never recorded and circulated, although required under the bylaws and Georgia Law.

I am now inteneding to call for a special meeting of the Board to impeach/censure the actions of the President and the CAM - for having made false representations and doing things illegally. However, since it could turn out to be that - I will be alone pitted against the other two - if nothing comes out of the Board Meeting - I thought that I could call for a General Meeting of the Association or at the meeting, which is due anytime soon, I would make the motion for impeachment/censure. I have prepared copies of all the correspondence (that would amply evidence the wrong doings on the part of the President and the CAM) that went between all of us and would circulate the same among all the members in support of the motion of impeachment/censure. Do you think that it is the right course for me to follow?

Also, if for some reason or other - nobody stands by me or the moves I make at the General Meeting - is there any other legal recourse available to me?

BeckyV (Michigan)
Posts: 43

Posted:

You might also check your bylaws. It is my understanding that the board can remove you as an officer of the board, but it would take a vote of the membership to remove you from the board. the membership elected you, they have to remove you.
Becky

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