Board Member, Conflict of Interest, Excessive fines

Started by HaleyH • 4 replies • 1606 views

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HaleyH (Illinois)
Posts: 67

Posted:

An Association Member brought another Association Member to court to try and get an Order of Protection. I'm an Association Member who was a witness in court on behalf of the 'defendant'. The suit was ruled against the member bringing the suit. It was a frivolous suit in my opinion.
After that and a few months later our annual meeting was held and the member who was pursuing the Order was voted in as President.
Recently, the President took a picture from his home of the member he was trying to sue claiming that their dog was not on a leash which is a requirement in the ruled and regs. The pic is not definitive and the member states dog was on a leash and had a neck sensor. She has been charged $100 fine. The main reason for my posting is shouldn't a member of the Board not be allowed to bring any fines against a member since there is such an obvious conflict of interest?
What recourse does the member have?
She feels the President is looking for any opportunity to 'catch' her doing something wrong.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By HaleyH on 11/12/2015 6:38 PM

The main reason for my posting is shouldn't a member of the Board not be allowed to bring any fines against a member since there is such an obvious conflict of interest?

A violation is a violation regardless of who brings it.

The conflict of interest should have had the individual recuse themselves from making any decision regarding the penalty of a violation.

Did the individual ask that this member recuse themselves?
If not, they should have.

Quote:

Posted By HaleyH on 11/12/2015 6:38 PM

What recourse does the member have?

This will depend on your governing documents and how penalties are accessed.

At the very least, the individual should request a hearing before the entire board.
At the hearing, explain the conflict of interest and ask that the President recuse themselves.
Then present their evidence.

Note: The individual should also review local leash laws. Some jurisdictions do not recognize a shock collar as being a leash. The individual will need to bring proof (perhaps various articles, but not sales literature, about shock collars) to prove to the Board that this collar is as good or better then an actual leash.

Quote:

Posted By HaleyH on 11/12/2015 6:38 PM

She feels the President is looking for any opportunity to 'catch' her doing something wrong.

Yep, that's a possibility.

The best defense in such a situation is to comply with the rules. Perhaps become involved with the running of the Association in order to have others see her in a different light then the one that may or may not be painted by the President.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By HaleyH on 11/12/2015 6:38 PM
An Association Member brought another Association Member to court to try and get an Order of Protection. I'm an Association Member who was a witness in court on behalf of the 'defendant'. The suit was ruled against the member bringing the suit. It was a frivolous suit in my opinion.
After that and a few months later our annual meeting was held and the member who was pursuing the Order was voted in as President.
Recently, the President took a picture from his home of the member he was trying to sue claiming that their dog was not on a leash which is a requirement in the rules and regs. The pic is not definitive and the member states dog was on a leash and had a neck sensor. She has been charged $100 fine. The main reason for my posting is shouldn't a member of the Board not be allowed to bring any fines against a member since there is such an obvious conflict of interest?
What recourse does the member have?
She feels the President is looking for any opportunity to 'catch' her doing something wrong.

Haley,

This president is using his position to perpetuate his personal vendetta against the dog owner. Since you appeared in court as a witness against the now-president, my guess is that you are also on his enemies list.

Two things you and the dog-owner should do:

1) You should jointly apply for an order of protection in the same court. The situation you describe has retaliation written all over it. Courts generally take a very dim view of retaliation against witnesses and other parties. If the president wishes to defend against such an order, he will have the opportunity to prove the alleged violation to the judge. Since the evidence is less than compelling, he is not likely to win.

2) Publicize the facts that your president sued the dog-owner and lost, then used his position to take action against the very same person. Use those facts to launch a recall campaign against the president.

HaleyH (Illinois)
Posts: 67

Posted:

Thanks for your response.
Update: Board states in email that by responding to her emails, she has been 'heard'. Will not give her time to meet with the entire Board in person.
The President refuses to remove himself from the issue.

Is a member's only recourse to get a lawyer in situations like this? There are other dog owners who have a neck sensor on their dog. This member had a dog sensor but it is being ignored by the Board.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Haley

The past interaction of the parties aside, the basic questions are is there a leash law/regulation and did one party violate such?

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