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AlexC3 (Florida)
Posts: 11
Posted:
A group of members are championing a recall. They have placed a 'Recall' table in the entrance lobby of the Recreation Facility. Members who do not support the recall object to being asked if they wish to sign the recall and feel their rights to enjoy the Center are being violated by the recall group. The recall group say the Center belongs to them as members. However it also belongs to members who do not want this kind of upheaval in a place that should be neutral. The recall group have been offered a place in another part of the facility not the lobby and they will not move. What is the recourse of the Board to accommodate everyone's 'rights'?
JohnB26 (South Carolina)
Posts: 1,001
Posted:
The 'rec' area is a common element.

The BOD may establish rules regulating said common area.

The BOD needs to grow some balls and make a decision.

Obviously some members do not like the existing board.

Perhaps BECAUSE it is 'wishy-washy' and therefor ineffective.

NpS (Pennsylvania)
Posts: 4,216
Posted:
Political questions never have a clear cut answer. Board has the authority to set guidelines - but doesn't look good when it's done to a rival faction after the fact. Any imposition of authority that involves a challenge to the board is a crap shoot.

Sikubali jukumu. Read all posts at your own risk.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
TOmato / Tomato

Potato / Potatoe
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By JohnB26 on 03/30/2015 9:11 AM
TOmato / Tomato

Potato / Potatoe


Banana fana fe fi fo fana, Johnnie.

Sikubali jukumu. Read all posts at your own risk.
FredS7 (Arizona)
Posts: 927
Posted:
Seems to me this is an annoyance and that it would be within the board's power to require them to move. However- this soon will pass- and indeed annoying potential supporters may even turn out to be counterproductive.

KerryL1 (California)
Posts: 14,550
Posted:
It depends on your governing documents, might just be your rules & regs.

My own opinion is that if they're not blocking entrances (fire code issue), keeping others from using that portion of the lobby, or being a noise nuisance, the recall proponents have every right to use the common area.

In Cali, and I don't have time to look it up, all H/Os with a "point of view" to express have the right to use the common areas. This who are opposed have the same right, by the way. Those who disagree should just go about their business, which is not by this table.

I think your board better keep its nose out of this UNLESS there's something in your documents that restrict this kind of activity. If they want to make a rule about it, they should go ahead, but they'd better be very sure such a rule doesn't oppose FL policy.

An "annoyance," Fred of AZ? I suppose for a couple of seconds. But that doesn't rise to the level of "nuisance" as impelled kurt in mo=any CC&Rs.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
While not the identical situation, a close 2nd.

In a drive I was involved in to get members to participate in establishing a quorum and select specific candidates (as in replace some BOD candidates), the President of the BOD (one on our hit list) objected to us setting petition tables up on common areas (club house, entrance ways, street corners, etc.). One of our group/fellow owners was an attorney that confronted him and said it was legal as we were all owners and entitled to use common use areas.

Not that the attorney would have been ruled correct had it gone to court, but the attorney felt he was right and it did back the President down.

An aside. We did eventually replace most of the BOD but it took 3 election cycles.

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