Ineligible HOA board members

I recently made a post about my HOA and something shady happening in it. So now I am seeking further advice. I will lay out the facts that I have 100% proof of.

First, I was finally able to get a hold of our HOA board, kind of. My son was riding his bike outside on the street and he told me some lady was taking his picture. I went to go see and this woman introduced herself to me and told me that she was with the HOA board and that our kids were not allowed to ride their bike on the street. Nothing in the bylaws about this, but I was playing it cool to see what else she would say.

As I was talking with the woman who said she was the "Director of Security" she began to tell me about some of the things in the HOA. Apparently she was arrested several months ago for getting into it with the renter living next door to her. She told me that she was charged with 2 felonies and two misdemeanors. I was told there was a vacancy for the Vice President. During that convo she also mentioned that she wanted to pay the treasurer. This is specifically against the bylaws, but I didn't say anything just acknowledged her.

About two weeks later I was talking to her inquiring about the status of getting me appointed to the board. She told me that the President had concerns and didn't want anyone on the board who would conflict with the "director of security" and to make sure she was protected since she has had problems with people before. She also told me that the board can do anything and that they do not even have to show financial records (I know they have to) She wanted me to send her my resume. Part of her reasoning which again I just acknowledged her, was that the police department was racist against her which is why she was arrested. I would not take her side in this and I was noncommittal. I think she was looking for someone to champion her side of things.

So last night I decided to do some research, the following are the facts I uncovered:

1) She is in the process of Bankruptcy (why this means something later).

2) She is a convicted felon (assault with a deadly weapon), domestic violence, child abuse (Incident with neighbor).

3) She is on probation.

4) The President does not own a home in this community and is her personal friend.

5) The Treasurer does not own a home in the community and is her personal friend.

Why all of this concerns me. When we were talking she was discussing how she was "acting in the interest of the HOA" when she was arrested. She wants to HOA to help her because it is the right thing to do. She said because of her arrest she might loose her home and the association needs to help her and she was looking for my support. I can easily see her and her two friends taking the HOA money to "help" her especially since she has significant financial problems.

So with that said, I researched the bylaws. The qualification to be a board member are to be a member in good standing. To be a member of the HOA you have to own one of the 14 properties. Therefore, the president and treasurer are not eligible to be board members. Her being a convicted felon on probation I thought was going to be a problem, but I don't see anything in our bylaws about it or in California law, so I can get two of the three off the board.

So here is my plan let me know if it passes a sanity check:

1) I am going to request the names of all eligible members and voting rights. The purpose is to verify who all of the members are. I want to take this to the special meeting later.

2) I am going to request the financial information. I don't know if she has taken money for personal use, but I want to prevent it by documenting what we have on the exact day that I look at the books and copy them.

3) I am going to send a petition to the Property management company demanding a special meeting to present my evidence and to recall all of the officers. We need 5% of members to sign the petition (one person is 7%).

With her history and her history of violence. I am fairly certain as soon as I initiate these actions I am going to get blowback from her. I am not to worried as my family can handle themselves if need be.

If your Bylaws say that directors must be members in good standing, it means they must own in your community. Simply make a written reqs jest to management for a list of Owners, their HOA addresses and their mailing addresses. Then you can see if those two are Owners.

Also request in writing your HOA's Election Rules, which are required in CA. There may be a clauses in there that prohibits convicted felons form serving on the Board.

But there's soooo much else and, sorry to say, I can't get into these other things tonight.

Shawn,

First keep in mind that Directors and Officers are two different positions. It is typical for the same individual to hold both the seat of a Director and an Officer position. However, that is like having two jobs. Directors typically are volunteer and are often prohibited from receiving compensation for performing their duties. However, Officers can be paid if so desired (but it is not normally done).

Officers are appointed by and serve at the pleasure of the Board. The membership has zero say on who serves as an Officer and likely has zero authority to remove anyone from an Officer position.

Directors are elected by the membership or may appointed by the Board to fill vacancies on the Board.

With 14 properties, you would only need 1 lot to call the special meeting (based on your 5% requirement). However, it's better to obtain more than the minimum. Additionally, if you recall the Directors, you will need volunteers to serve in the vacant seats you create with the recall. If you don't have the volunteers, then calling for a recall is almost pointless.

You may do better to wait until they appoint you to the Board. Then work yourself into a position to see the info you wish to see and take action from within the Board to correct things.

Hope this helps,

Tim

Your comments are way too personal for my taste. She isn't the issue. The issue is that you are without a board that is looking out for the financial interests of the community. Get the votes you need and toss the bums out.