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RS8 (Arizona)
Posts: 17
Posted:
What course of action would you guys recommend here?

We have the normal HOA meetings like everyone else. Agenda items are discussed by the community and board, voted on, approved and go out in approved minutes. But then, like clock work the president will call me trying to change the approved item behind the scenes if he's not in favor of it(or someone in the community tried to change his mind after the meeting).

This has happens regularly and once on a large scale board approved project. Once voted on and approved, days later the president calls me trying to stop it or drastically change it. This went so far that the president solicited the board by email to stop the approved project then sent out a letter to the community saying we are going to stop the project and revote on it again at another time. He doesn't have that power to do this as I understand and by soliciting the board in a group email to change a vote he violated open meeting laws.

This goes on after every meeting about something.

I'm thinking a letter from our HOA attorney might help clear the do and don'ts up because there is no getting through to this person. While a pleasant person he not very experienced in business and seems to play to his own unknowingly incompetent style.
NpS (Pennsylvania)
Posts: 4,216
Posted:
My recommendation - In most HOAs, the Prez is chosen by the other board members. So all you need to do is get a majority of the board members to select someone else to be Prez. You can do this at any time.

He would lose the authority to oversee the meetings, change the agenda, change the messages that get sent out, etc.

You'll find out rather quickly what the other board member opinions are about these problems.

Sikubali jukumu. Read all posts at your own risk.
RS8 (Arizona)
Posts: 17
Posted:
It a pretty lack luster board except for 2. Its a talent challenged group to say the least. Changing him out would never fly although the and involved astute business leaders in the community would be in favor of it.

Out of 100 homes we are lucky to draw 15 members to any meeting. If your name is on a ballot you get elected.
PitA
Posts: 1,416
Posted:
Quote:
Posted By RS8 on 01/07/2016 1:55 PM
It a pretty lack luster board except for 2. Its a talent challenged group to say the least. Changing him out would never fly although the and involved astute business leaders in the community would be in favor of it.

Out of 100 homes we are lucky to draw 15 members to any meeting. If your name is on a ballot you get elected.

In that case

practically

you have three options:

Live with the situation

or

Devote MASSIVE amounts of your time and energy to 'kill' the apathy

or

Move.

Should you elect #2 (fight the apathy) and fail in the Quixotic attempt you will still have the other options.


TimB4 (Tennessee)
Posts: 21,061
Posted:
RS,

Don't write the attorney without board approval unless your willing to personally pay for the legal advice.

Instead, make a motion to remove the individual as President for the reasons you specified here. It likely won't make you popular with this person and may or may not alienate others on the Board. However, if your willing to do the job as President, it's a motion you can certainly make.

Another option is to simply bring these issues up when they happen. Reply to e-mails specifying the violation of open meeting act with a link to the law. Reply to e-mails pointing out that the action was a board decision and that the decision of the Board should be followed. You may gain more allies with this approach.

Tim
KerryL1 (California)
Posts: 14,550
Posted:

Tim wrote:
"...bring these issues up when they happen. Reply to e-mails specifying the violation of open meeting act with a link to the law. Reply to e-mails pointing out that the action was a board decision and that the decision of the Board should be followed."

I'm with Tim. I'm puzzled why you and other directors don't tell him that decisions only can be overturned or made at duly called Board meetings?? The president should have no more power or authority than any other director in those matters. Perhaps he doesn't know this. Or, Perhaps he thinks he can bully all of you. And he can...if directors let him. I assume you are a director, RS?

Or is it possible, RS, that your bylaws or some resolution has granted him this power?? Of course, none of you may break AZ laws concerning the open meeting act and I believe you all would be liable if your making decisions behind owners' backs continues.

Can't you directors in executive session make a motion asking him to cease & desist his illegal behaviors?

If nothing else works, then sure, get an analysis from an HOA attorney either on your own dime or have your board vote to get such an opinion from your HOA attorney.

BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By RS8 : . . . I'm thinking a letter from our HOA attorney might help clear the do and don'ts up because there is no getting through to this person. While a pleasant person he not very experienced in business and seems to play to his own unknowingly incompetent style.

To BE . . .or NOT to be . .

Only you know the factuals, but some Boards hire paralegals or lawyers to periodically sharpen up decision making, governance relevant law etc. Some sort of presentation(s) or seminar(s). Maybe something to enhance Board member governance, including why they chose as President this individual who may have valuable skills to bring.

During meetings if your President isn't getting the time he needs to digest or deal with substantial issues, maybe non-emergency decision making should be phased.

Or Motions should be circulated earlier with some sort of backgrounder or contextuals if there is enough competence.

Or maybe the President is actually possessed by a demon who enjoys torturing you all by trying to un-ring the bell ( see 'exorcisms' . . )
JohnC46 (South Carolina)
Posts: 14,265
Posted:
RS8

Is he the only person you let bully you?

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