Wife assumes husband's official title!

Started by BarbaraL11 • 7 replies • 1695 views

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BarbaraL11 (Maine)
Posts: 4

Posted:

Our Financial Manager, who is also a unit owner, signed a contract 8 years ago. Of those 8 years he has been asked by 3 boards to not attend Board meetings as he was argumentative , etc. I have lived in the community for two years and have noted two problems which concern me.
The first is he tells everyone he is an ex-officio board member which he isn't. Therefore people in the community think that what he tells them is always correct. It isn't. There have only been two people who have corrected him; I am one of them.
The second problem follows: In the last six months his wife has been signing emails to a government agency as the financial manager for our HOA. Her husband has also started referring to himself and his wife as The Financial Managers of our HOA in emails and in meetings.. I seem to be the only one on our HOA Board that is concerned about the legality of this situation and the possibility of liabilities . She has not signed a contract with the organization and I do not know if she is bonded. Three questions - 1. Should the HOA be concerned? 2. It it legal for her husband who has signed a contract to allow her to use his title? 3. Is it legal for her to be using the title?
Thanks for any input on the legality of the second issue. The Board is going to be reviewing all contractual positions next month.

KerryL1 (California)
Posts: 14,550

Posted:

Not in the legal profession, but what does your contract say re: him as ex officio Board member?

What does it say about his wife having any formal role?

If silent, I'd say that anything she signed or any at action she took is voidable or unenforceable--don't know if "legal" is the right word. But you directors should worry about this, yes!

One question is given the PM's argumentative nature, why is he still your PM?

Btw, what size is your HOA--# of units or homes? How many are on the board?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Barbara

I am confused about what/who this fellow is and/or was. A few questions:

1. Is this person presently under contract to perform a service such as Property Manager or Book Keeper, landscaper, would be?

2. Is this person still on the BOD?

3. How has this person maintained whatever for 9 years?

Thanks

BarbaraL11 (Maine)
Posts: 4

Posted:

He signed the contract; he is solely responsible for the work. There is no mention of his wife in any capacity (in an formal or informal role although it is known that she does most of the work) nor has she signed "the" or "a" contract with the HOA.

About FM still being in that position - good question. Perhaps folks in the know just "don't want to upset the apple cart." He has followers in the community and has 7 proxy votes in our HOA of 50 units. Only those who have worked closely with him truly know him.

I checked the By-laws which state that there are 5 elected officers - President, V.P., Sec., Treasurer, and a Member--Large, no mention of ex-officio members. He is self-appointed. He does not qualify to be an ex-officio member according to Robert's Rules of Order.

DaveD3 (Michigan)
Posts: 796

Posted:

What exactly is his job as financial manager? And what is the duration of the contract?

BarbaraL11 (Maine)
Posts: 4

Posted:

The financial manager's duties are basics call keeping the books for the HOA and attending Board meetings to present his monthly report. He has interpreted his job to be that of a Financial Advisor. And he has now bestowed his title of Financial Manger on his wife who has not signed a contract nor is she bonded.

BarbaraL11 (Maine)
Posts: 4

Posted:

JonD1
Posts: 2,350

Posted:

Sounds like he has played your association for fools for all these years.

Anyone EVER sign a contract for 8 years and not want this person to attend meeting?

So during that time they got paid to do even less.

Do you have a MC? If so why do they not keep your books and what pray tell does the Treasurer do?

So like your FM is having his cake and eating it too and someone or a group should set things straight or allow him to continue on.

Is it that difficult to inform 50 property owners this person is not some make believe former board position holder?

Sounds like the patients are running the insane asylum and to many people are turning a blind eye.

People will do what you allow them to get away with.

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