Dictators Are Fighting Back

My recent post, "Board of Dictators", will explain the background for this new possible problem.

I started to write the situation out, and got confused; so, here is the simple format:

Richard - remains on Board
Carlos - remains on Board
Frances - remains on Board
Paula - remains on Board (for now!)
Elise - resigned
Rosemary - kicked off
Silvana - kicked off

Paula was the initial trouble-maker, and still is. When Rosemary and Silvana were removed, because they weren't on the deed to their properties, Paula did not take the news very well. Mainly because, she knows she is next to go. Richard, Carlos and Frances don't think highly of her, and were releived to see Rosemary and Silvana removed.

Now, the word around town is that Rosemary and Silvana are going to quit-claim themselves onto the deed, in order to establish homeownership. However, the fact still remains that, at the time of the election, they were not homeowners.

Does anyone know of where I could get the legal proof that they would need to be re-elected by an established quorum? I've searched up and down in my HOA docs, and, not suprisingly, there is no mention of a non-homeowner getting elected, getting removed, quit-claiming to gain homeownership, and being allowed to resume their seat on the Board! This is what Rosemary and Silvana think they can do!

These women are ruthless. They are now vengeful because they don't have the power to boss people around. With three vacancies on the Board, we are working with Carlos, Richard and Frances to have three of the previous Board members appointed. We are just worried that these chicks will pull something out of their sleeve and magically reappear as Board members.

Any help? Please!

I thought so, Brad. I just needed some encouragement, I guess. Like I said, I wouldn't put it passed these ding-dongs to try until our eyes bleed to prove it should be allowed.

This is going to get ugly, on their part. They're not going to want to wait until next year, and when they realize they have to, they will cry like babies on crack until November.

Thanks for your reassurance.

Yes they should have to wait until the next election and the remaining BOD should appoint replacements to fill out their terms; if that is what your documents call for.

The question for me is, on a Board vote of 4-3 where the ineligible people voted with the majority; does this invalidate the vote???

Glen:

In answer to your question, I would say yes, anything they voted while in office their votes would have to be stricken. I think it would be a good idea to review anything that has been done.

A consideration I thought of is that the existing board can appoint them to fill the holes they left...

Ron:

The thought process behind the Developer (or his attorney) putting this clause in CCR's, is that it is difficult at times getting Owners to serve on the board. Therefore the Developer could appoint a non-owner to serve on the board.

I believe every board member should be an Owner, however as I stated in my original post; some governing documents allow a non member to serve.