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GreggK2 (Kansas)
Posts: 86
Posted:
We have an election coming up to fill board vacancies. One of the people interested in joining the board has a horribly reckless history and, in my opinion, cannot be a board member. She was sued by our HOA for 3 years of nonpayment of HOA dues and has been posting stories on our NextDoor website about the horrors of living in an HOA. Additionally, we called out on NextDoor, she was asked if she had been sued by the HOA she had previously lived in. Sh lied by denying it but the documents were obtained to prove she had been. She then managed to get NextDoor to remove the entire thread.

At the meeting to elect new board members, and once she announces her interest to being one, what it the proper format to explain why this person is not qualified to be on the board?
TimB4 (Tennessee)
Posts: 21,059
Posted:
Not being qualified is not the same as having an opinion that they should not serve on the Board.

Qualifiers would be listed in your governing documents, typically the Bylaws.
If there are no qualifiers or if they meet the listed qualifiers, then they are considered qualified to serve.

The best things you can do to prevent someone from serving are:

1) Gather support and proxies so you control the vote.
2) Have others volunteer, perhaps yourself, in order to give the membership a choice.

If you can't achieve having others volunteer, and there are an equal number of candidates as there are available seats, then it won't matter how much support you have to keep someone off the Board because they will still be elected (even if it's by one vote - their own).

If you desire to bring this information up, you ask if you may ask the candidates questions. Then, to be fair, you ask the same question of all candidates.
GreggK2 (Kansas)
Posts: 86
Posted:
Let me rephrase the question. She is a home owner now in good standing but having been on the board myself, and having had to deal with her, my opposition is that she is trying to get on the board for all of the wrong reasons. I think she would be a disaster and would try to undo everything the previous board accomplished. Since I, and several others, know about her, what is the proper way to enter an objection to her being voted onto the board before a vote is called?
LarryB13 (Arizona)
Posts: 4,099
Posted:
The proper way to deal with this is to share your opinion with other members and ask that they do not vote for this candidate.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Nothing. Let her run. You will all look much worse by "stopping" her. Consider it a learning experience. Sorry but it's her right to run.

It's the right for the members to vote for whoever they want. People involved in the HOA will know the story already. No reason they shouldn't. No need to put in personal opinions. You will only feed the beast of disbelief and lies.

People with shovels tend to either dig holes or put people in them... Let nature take it's course.

Former HOA President
JonD1
Posts: 2,350
Posted:
Gregg

I am not one who lives in a world of wishful thinking. Rather than letting nature take its course I would set what course things need to take.

Sitting back hoping things work out is in my view foolishness.

It's called politics. You express your opinion based on what you learned as a board member you present that information to the owners and let them either show up and vote or sign a proxy over to you or a like minded person. You then make sure your have enough candidates to fill the board without her having a position.

Now myself I would have begun the process already. How sure are you she plans to run? Then put together a flyer with facts and evidence and make it available to the owners prior to this meeting. In many cases the outcome of the election can be predetermined before the election actually takes place.

It she is running I am sure her efforts have started already. I removed three long term board members who had served for more than 2 decades. They felt their reelection was automatic. They were mistaken. But time, effort, and information is essential to succeed. And the sooner you start the better.

Good luck.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Larry

One of the problems with being on a BOD is one has to watch their tongue, less they be considered talking for the BOD. Were you not on the BOD you can say anything you want to anyone as lead a public campaign against her.

I suggest you be very careful with what you say (I am not saying do not speak against her, just be careful) but also work against her by gathering proxies to be sure she does not get enough votes to be elected

Now want to play dirty politics? Have an ally do a mailing or Email with her past history or even make the mailing anonymous as in have it signed Concerned Owners.
JoyceR2 (Virginia)
Posts: 156
Posted:
If the reckless history has been corrected with positive results perhaps a newsletter showing the changes and the results would be beneficial. You can add dates. Example June-Oct over budget $0.00, Nov-Feb under budget$0.00.June-Oct 200 complaints, Nov-Feb 50 complaints, or do it by year. No need to mention name. Then the real work is finding others that will step up, run and have a good bio.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LarryB13 on 08/08/2016 2:17 PM
The proper way to deal with this is to share your opinion with other members and ask that they do not vote for this candidate.

However, as I pointed out earlier, if there are no alternatives and this Association is similar to most Associations, the number of candidates is equal to or less then the number of seats available. When this occurs, if then regardless of the number of votes, that individual will be on the Board.
SheliaH (Indiana)
Posts: 6,964
Posted:
During my 10 years on the board, we had one member who I was skeptical of, because he often rented his home to people who weren't always nice (and that's putting it mildly). There was also the matter of a ratty old fence he had around his patio - wood fence with vinyl (!) gate.

When he volunteered, I very politely asking him about his ability to enforce community rules, as he'd been the subject of various board inquiries in the past. He blustered and made several excuses, my fellow board members didn't say much and since we needed people, guess who got appointed (and, no, I didn't vote for him)?

Overall, he didn't cause that much trouble - mostly because he'd attend one meeting, miss the next two, show up at the next two, then rinse and repeat. Our documents state if you miss consecutive meetings, you're automatically off the board and at one point, I had to remind everyone of this because a few other people were starting to do this and we'd barely make quorum. Eventually, the man's tenants started behaving badly again, prompting one of his neighbors to take over the resident forum at one meeting, where she cussed him out in front of everyone! After that, he wasn't so enthused about serving and soon quit coming altogether and that was that.

Moral of the story? As others have said, the best way to keep off idiots is to rally around other candidates so they'll get elected and this lady won't. I'd also have some sort of meet the candidates meeting where people could ask questions of all the candidates - that's where you could ask the same pointed questions of all the candidates and see what happens. After that, people have to do their due diligence and vote accordingly - unfortunately, that may mean an idiot gets in. Which is why one doesn't stop after the election, you have to watch these people to see what they do. Often these people will dig their own grave - the ones who shout the loudest usually slink away after they're elected and find out (much to their surprise) that things are not nearly as simple as they thought. You actually have to WORK in finding solutions, apply careful thought - and you will be held accountable by everyone. That's too much for simpletons and after a meeting or two, they drop out.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Gregg, Jon wrote: "Now myself I would have begun the process already. How sure are you she plans to run? Then put together a flyer with facts and evidence and make it available to the owners prior to this meeting. In many cases the outcome of the election can be predetermined before the election actually takes place."

So, you & others can mail a flyer to all owners. In other words: Campaign against here! But be, as John advises, very careful with your language & facts.
And, still, as Tim shows, you need suitable candidate to suggest in your flyers & say why you want them.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It's NEVER EVER a good idea to bad mouth someone. You will find the number of fingers pointed at someone else is triple pointing back. Plus it proves everything they may say about the board NOT liking her. It's best NOT to play into the "victim of the HOA" rhetoric. It's best that she stand on her own 2 feet and prove herself. Why not? It's the "be careful of what you wish for, you may just get it".

Former HOA President
JonD1
Posts: 2,350
Posted:
Quote:
Posted By MelissaP1 on 08/09/2016 8:10 AM
It's NEVER EVER a good idea to bad mouth someone. You will find the number of fingers pointed at someone else is triple pointing back. Plus it proves everything they may say about the board NOT liking her. It's best NOT to play into the "victim of the HOA" rhetoric. It's best that she stand on her own 2 feet and prove herself. Why not? It's the "be careful of what you wish for, you may just get it".

Well that would be one opinion. Myself I have never had much trouble calling a spade a spade. When the future of my home and largest single investment hinges on the people with the authority to manage is involved when necessary NICE goes out the window.

Now many people live to please and avoid conflict and bad feelings well..... That might just not work out well when ding dongs take over.

Our board has distributed letters and notices making the owners aware of what we felt certain candidates were not desirable. So comments of not many have been quite direct. In my view no sense sugar coating garbage.

Now in my 29 years serving on our board, after working to remove those who had served decades,z we have had from time to time individuals who were best not put into a board position. My view I wish to work with people who either work with me or at the very least have enough sense to stay out of the way. In those 29 years with elections each year not one of those candidates we would rather not deal with has made it onto our board.

And in most cases the elections were never even close. As I have said politics. You support the people you wish to see serving as board members and you work to keep those off who will make an already difficult job more difficult. In my world Imhave no strong desire or need to end each day with everyone liking me. And as the old saying goes and ounce of prevention is worth a pound of cure. I would rather prevent the problem rather than address the problem when it is sitting at the table each month as an elected member of the board. And the triple fingers fear well at my age that no longer concerns me.

Do you want a ding dong directing your property, home and investment? if not that prevent that from happening. Or live with the consequences.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
It is a team effort. Ding Dong does not have that much power on a board. Majority rules. Plus they have be elected into an office position by the board. Not very well going to happen.

Give a squeeky wheel all the oil it can woller in and it will slip on through....

Former HOA President
JonD1
Posts: 2,350
Posted:
Quote:
Posted By MelissaP1 on 08/09/2016 3:12 PM
It is a team effort. Ding Dong does not have that much power on a board. Majority rules. Plus they have be elected into an office position by the board. Not very well going to happen.

Give a squeeky wheel all the oil it can woller in and it will slip on through....

One or more ding dongs can prove quite disruptive for a board. Those that come with their own agenda, loaded with ignorance, or lacking in any degree of common sense. Well I would prefer not to be in their company. Over the years we have had difficult board members. people who suffered from mental issues, some who sought to please everyone, some who could not successfully add 2+2 but felt they should be handling financial decisions, some who thought only their property needed attention, some who viewed board membership as the authority to direct and command service providers, some who felt the need to question and criticize every board decision or action simply because. They have the ability to complicate and disrupt any real progress.

I prefer to avoid having them in my world and certainly would make an effort to avoid having them serve. I prefer to prevent their service or remove them which solves any issues.
AugustinD
Posts: 5,144
Posted:
I am so impressed with every post in this thread. Naturally just today a situation similar to this one arose at my HOA. The matter involves past conduct by a director/officer/board appointee and includes being a convicted felon. The latter has been covered at hoatalk.com, but there's more. I am not comfortable sharing it here, lest the person google and discover this thread. As interested, could anyone who has served on a board for at least one full year email me at augustin1919[at]gmail so I can email you the specifics and get your thoughts? Once again I would appreciate the reality check. TimB4, Shelia, KerryL, BobD4, Larry, Jon, Joyce, NPS, Melissa, Richard, JohnC, DanaT, LindaS, James and so many other regulars: This is a shout-out to you all for any help you are willing to offer.

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