Getting voted off of the board

Started by MarloM • 15 replies • 1687 views

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MarloM (Texas)
Posts: 17

Posted:

Well it appears that I will most likely be voted off of the board. My board is controlled by PM who is controlled by the developer. This is a quote from his latest email to me:

"Having one member of the Advisory Committee take independent action, as you have, reflects lack of collaboration and consensus, essential elements in our relationships. Whatever actions are taken should result from honest and open deliberation based on trust, respect and collaboration."

The action that I took was to create a neighborhood forum which he said he would do several months ago with no action to date. What is seemingly most distasteful to the rest of the board is the fact that homeowners would be able to communicate with one another regarding their concerns. They would like to keep that communication between a single homeowner and themselves. I really don't see what they have to hide, why all the fuss?

RogerB (Colorado)
Posts: 5,067

Posted:

Marlo, the fuss is because you unilaterally did something rather than being a team player. Why didn't you first volunteer to do this at a Board meeting? Such a message might be appropriate to discuss at a Board meeting or an email from the President. But why would the PM send this? Perhaps the President requested this action.

BradD2 (Florida)
Posts: 418

Posted:

What State do you live in MarloM?

In several states you can't be removed without a majority of the homeowner's voting for it. You can be moved as an Officer with just a majority of the board voting for it but you still remain on the board.

MarloM (Texas)
Posts: 17

Posted:

Quote:

Posted By RogerB on 03/28/2007 5:15 PM
Marlo, the fuss is because you unilaterally did something rather than being a team player. Why didn't you first volunteer to do this at a Board meeting? Such a message might be appropriate to discuss at a Board meeting or an email from the President. But why would the PM send this? Perhaps the President requested this action.

Actually Roger I did just that. I started an eGroup about two years ago before and submitted it to the AC, they were planning to include the url in the newsletter and then asked to put it on hold because of hiring a new management company. I was elected to the AC in October last year and during our first meeting I brought up the forum. They all seemed excited about the idea but the property manager ask if he could have it on his site, I thought that was fine. Several months later there was still no forum so I built one, took me half a day. I then forwarded a link to the
AC for review and invited their opinion and also for them to be moderators on the boards. During the meeting when we last met I was going to rework the forum to meet some of their suggestions. Yesterday I received the email basically shutting it down and then the email with the quote above. For them to even suggest that this forum was without collaboration is absurd.

MarloM (Texas)
Posts: 17

Posted:

Roger I wanted to add that this is not really a BOD. There is an Advisory Committee which consists of 7 members. 1 is the developers daughter, 3 are on the Property Management Company's payroll and 3 are volunteer homeowners. The homeowners are completely powerless to make any changes without the good will of the developer and Property Manager.

RogerB (Colorado)
Posts: 5,067

Posted:

Marlo, thanks for explaining. So as long as the Developer is controlling the AC the owners on it will be those puppets selected by them. When the owners finally gain control it should be bye bye to the PM who is not do their job properly.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Marlo:
It will be extremely beneficial for you to 'know your documents' wherein they will dictate at what point the developer is no longer part of the 'Board'. The developer also should certainly know the verbiage he consented to have in the docs. At some point (usually when a percentage of units are sold) the developer's-appointed Board members resign and the Board then is made up of and becomes 'elected' by residents.

It would seem you are now part of an advisory panel prior to an elected board by community. Again, check your docs for details on when and how this is to occur.

I agree that the Mgmt. Co. has too much say, but the 'developer' has given them this power. As soon as the new Board changeover occurs, you want to contract with a new mgmt. company, one whose loyalty is to the Board/Community, not the developer.

Tread lightly if you want to be part of the new elected Board. It won't be to your advantage to get a 'name' among residents prior to election. Just know your docs and residents will have trust in you for this.

MarloM (Texas)
Posts: 17

Posted:

I am very familiar with the CC&R clause but it is not like the developer has full disclosure to our community. Additionally, he continues to buy up adjacent farm land and the subdivision is continuing to grow. I figure it will probably be around 2015 seeing how the housing market is doing lately but you never know.

b. The sole Class B Member shall be the Declarant. Declarant shall not be assessed
Membership assessments unless and until it has become a Class A Member, but Declarant shall pay its per lot pro-rata share of appurtenant irrigation water available to Declarant_s lots within the Property. Whenever an issue is placed for membership voting, the Class B Member shall be entitled to five votes for each lot Declarant owns. The Declarant_s Class B voting rights shall also extend to the future lots that will be created within the residential Bridgetower Crossing Subdivisions when they are platted, annexed and Declarant is made a Member by a Supplemental Declaration. Declarant_s Class B membership shall cease and Declarant_s membership shall be converted automatically to Class A membership (one class A membership interest for each lot owned) upon the happening of either of the following events, whichever occurs earlier: (i) When seventy-five percent (75%) of the lots, including the future lots created by future annexed platted Bridgetower Crossing Subdivisions, have been conveyed by deed to Owners other than Declarant; or (ii) On December 31, 2015; or (iii) At any time that Declarant elects in writing to accept Class A membership status.

HaroldS1 (Arizona)
Posts: 314

Posted:

I'm beginning to believe it is not wise to buy into an HOA too early while the developer still controls it. You are at his mercy with no recourse. He can change the rules at will anytime after you bought thinking you could live with those rules in existence when you bought, because he controls the vote set up until it is transitioned.
In Arizona we are close to a state statue which would allow HOA owners to place a "for sale" sign on their property. (Silly isn't it, to have to legislate that?) Some HOAs do not allow them because the builder doesn't want your property for sale until all his are sold. Some people are against increased legislating of HOAs, but in this case this is the only recourse homeowners have against a controlling developer. Harold

MarloM (Texas)
Posts: 17

Posted:

I agree with you there Harold. Had I known then what I know now I never would have purchased a home in this development. It makes it worse that I live in a very unpopulated state that has very little legislation to govern HOAs because there just hasn't been many HOAs in the state there is such a small population. The good news is I live in the capital, I guess I could start lobbying.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Marlo:
Seek your state's community docs thru the website advertised to the right of this one in yellow: Community Associations Network. Key in your state and do a search for community documents. There are state regulations for HOAs and/or communities. Don't know your state, but since you explain you have an
advisory panel w/developer on the Board, your state docs should speak to that regulation.

MarciaW1 (Florida)
Posts: 8

Posted:

YOU GO GIRL!!!!!!! How come it's only "Give 'em hell, Harry"?! I think they are finding it "distasteful" because you speak your mind and people listen to you, thus they lose 'control.' Oh, and it must be especially "distasteful" because you are a woman. BTW, they are trying to "remove me" from being a board member, as well. TOO BAD. Like one posting stated, they are legally unable to do this (I live in Florida). They can demote me, but not remove me. I was elected "by the people, for the people", etc, etc. Oh... and I am recalling three of the five of the board members. I successfully recalled the board last year and still now, the board is NOT listening to the people (in my community). We have 288 units and it's a HOA. My advice, girlfriend, is to RECALL THE SCHMUCKS!

TammyC1 (Florida)
Posts: 4

Posted:

Marcia, thank you! I have a greatgroup of men who believe that change is needed, but thos few men and women who have been in control for so long are finding it unbelievable that they are losing power. And let's face it, it is all about power, not the community. I too live in Florida, and if we have to, we will recall the rest of the board. We have a plan and I don't think we will waiver from that plan. As you must know, being the object of everyone's hate is very uncomfortable. I just have to keep smiling and forge ahead. I hope you have good luck as well!

BradD2 (Florida)
Posts: 418

Posted:

Proxies are the way to go if you are trying to recall the board.

DwightT (Idaho)
Posts: 664

Posted:

FWIW: I'm in the neighborhood literally across the road from Marlo's. I don't think the fact that she is a woman has much to do with it. The management company that she has is the same one that we dismissed earlier this year. The owner of that company basically wants to run things the way he wants to run them, regardless of what the community wants. Unfortunately, unless the developer also sees the problem with the PM and finds somebody else, Marlo and her neighborhood may be stuck with them until they transition to homeowner control.

Unfortunately our state (Idaho) has almost no laws concerning HOAs, so it will be a tough road for Marlo. Pity since for the most part her neighborhood looks pretty nice.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

DwightT:
It's unfortunate for Marlo and the rest of her community that the 'governing' is still with the developer; and apparently, now with the Prop.Mgr. who the developer has chosen to oversee for him.
Marlo is right, according to her docs she just may have to wait until the year 2015 at which time his membership will change. Until that time, it appears from the docs he can buy up additional ground, continue building subdivisions and rule 'his kingdom'.
Unfortunate for those who have bought in and have not read the fine print.

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