Old Board Member Can't Let the Past Go...

Your owners will decide how ethical his conduct is when they cast their ballots. If most are happy without this guy on the board, make sure everyone casts a ballot. If this former board members has any followers they will almost definitely be voting so you need to be sure that no one is so complacent that they fail to vote against him.

As I hope you've learned, Nicole, HOA board elections in CA involve a lot of state laws including mailing double-envelope ballots for homeowners to vote absentee or in person. When you write that an election will be in a "month or so" I can't help thinking that Election Rules are being followed. In fact, if your board hasn't created some Election Rules, you need to do it right away! Go to Davis-stirling.com for more. I think you've written previously that you now have a PM. If so, s/he should all about board elections.

Meantime, as noted by Larry & Tim, there's nothing you can do to prevent him from being a candidate UNLESS there's something (probably) in your bylaws that disqualifies him

Email exchanges between him & others are not "confidential" Board materials.

You & the current board may wish to send a short, clear positive latter to each owner about what your new board has accomplished is a short time (I think?) You may not use HOA founds to do so. Let him hang himself with his toxic approach.

I don't know if the ex director is threatening to reveal executive session materials or not, but if so, see attorney's opinion & advice below:

QUESTION: What is the amount of time for executive sessions to remain confidential?

ANSWER: For most executive session matters, confidentiality should extend indefinitely. This includes personnel matters, an owner's delinquency payment plan, the identity of persons involved in disciplinary actions, and attorney-client privileged communications. Releasing confidential information could result in claims for defamation, invasion of privacy, violations of statute, etc. The Legislature made such matters confidential for a reason, so boards should be cautious about releasing executive session information.

Who Can Waive Confidentiality? The authority to release information is held by the board as a whole, not by individual directors. Once the information is released, it cannot be taken back. Accordingly, directors who release information without board approval may be in violation of their fiduciary duties and may be personally liable for any damage that results.

Read more: Confidential Information http://www.davis-stirling.com/tabid/2403/Default.aspx#ixzz2uH8CeCya
from Davis-Stirling.com by Adams Kessler PLC.

Nicole:

You state: " For years when he served people walked off the board while this person literally ran the HOA to their own liking with docile friends being fellow board members."

I have experienced that type of Board. Utterly a pain for everyone!

But, I am usually wary when Board members say they all get along. I am of the mindset that is not the goal. Issues will certainly in the normal course of events come before a Board that will invite discussion, and hopefully dissent at times. When every member of a Board agrees with every issue before them, I wonder if group think is dominating them.

So, while getting along are the issues being given a fair and necessary going over? If so, then good. If not, maybe this person can bring something helpful to your HOA while as others point out their actions be limited by voting.

Unless you and the rest of the Board were conspiring to violate the law or go out of the way to "punish" a homeowner you didn't like, how bad could the emails be? Never write anything down that you are not willing to stand behind and own.