Property Manager

I hope by now you're getting the idea via replies to your several posts that to overcome a bad, stupid, cowardly or whatever Board, homeowners must act together and throw them out either via recall or at your next annual election.

Meantime, presidents & PMs often work fairly closely together. In what way are they "colluding," which sounds like they're up to no good? what is you evidence they've "gone rogue?" Why can't you and other Owners ask the rest of the board to act and remove the prez from office?

IM,

The individuals you identify can not do this without the support of the Board.
The fact that you need to try and handle this without support of the Board indicates that a majority of the Board doesn't have an issue with what is going on.

The only quick option you have is to gather support from the membership and remove the individual serving as President and those individuals who are on the Board that support the behavior through a recall or simply be not reelecting them and replace them with individuals who will not allow this type of behavior to occur.

If you can't gather the support, you can check with an attorney for legal options (which will cost money, time and energy).

If you can't gather the support, you may need to ask if you are being too critical of the issue (you might not be but others are not seeing the behavior or it doesn't bother them enough to be concerned).

If you can't gather the support and you can't let the issue go, you may (in all honesty) have to consider moving and remove yourself from the behavior vs. trying to correct it.

Yes, If you have ever seen the film, "Last Castle" with Robert Redford, maybe you can see how I relate to being the Colonel with the red warden and red second in command controlling the prison and treating the soldiers, unfairly. Lol

Also, Hunt for Red October is one of my favorite movies...there may be an HOA metaphor somewhere in there, too.

One example...

Recently, a homeowner ran for election, but lost to the incumbents. Despite this loss, there was an open seat that has been vacant for over one year. The homeowner wanted to be voted in by the board to fill that seat.

At an HOA meeting, the homeowner asked about board training. The PM replied that the MC no longer provides board training.

Since the homeowner as a potential board candidate was not on the Agenda, the vote to fill the vacancy did not take place.

In my point of view, there appeared to be no conflict about the homeowner at the meeting. No one asked the homeowner any questions. The board agreed to put the vote up in the Agenda for the next meeting.

The Evidence:
Several days after the HOA meeting, I received a text from the homeowner who asked to be on the board. The PM had called to inform the homeowner that the board needs have an interview during executive session to discuss the homeowner's relationship with me. The homeowner stated in the text that the PM was told "I shouldn't be judged by guilt of association". The text also states that the PM personally likes the homeowner.

And now homeowner no longer wants to be involved. I raised this issue with a board director who will not speak to MC about it. This text is all I have.

WIll this be sufficient to approach MC with?

Can someone please let me know what I can do?

Five directors per By-Laws. I need to check about H/O's right to fill vacancies.

Inappropriate, but no grounds for termination. I see....You now have inspired me to re-think what I believe is evidence.

I apologize that my writing has been unclear in these HOA related matters.

Yes, I will have other people read anything that I send to the H/O's. I appreciate your honesty.

I realize that I need to study more about the prez's role as a liaison to understand what the prez cannot do.

There are other activites that involve a possible collusion which occurred last year...

Board director (A) was not allowed by PM and the prez tell the board something to an HOA meeting by speakerphone. As a board director, I was asked by (A) to use my phone at the meeting to call (A) in. When I attempted to do so, I was told by PM and prez that this was not allowed. They were adamant about it, so I believed them. The PM writes our Minutes and posts them for the Membership to view online (I do not know whether we receive them by mail). Months later, I discovered in our Minutes that speakerphone usage were allowed, including for (A). (A) was upset about not being able to participate at this meeting. However (A) did not contact MC about this. The PM and/or the board said nothing regarding this incident thereafter.

I thought the Open Act Meeting allows for board directors to use speakerphones during executive session and I think maybe for the entire HOA meeting?

There is an article written by an HOA attorney. Something about denying a board director from participating the meeting.

I am not sure if I should consider the above as evidence?

I am not sure if I should just let this one go?

My gut is says not to let it go...because other questionable actions from PM occurred prior to the speakerphone incident. The other questionable issue I have involves the PM and MC, too. I am not sure if I should let that go, too. My gut again says no. Sigh.

Many thanks for your help, Kerry!

Sorry for all the typos! I am so confused. I do not think I should post about this anymore. A lot things are confusing about the PM and the prez, especially when it comes to other incidents involving me as a homeowner.

What a mess, right? I think I should stop posting in this forum about rouge. I may have to re-think about what I call other things as evidence before I post again. I was trying to be cautious about protecting my HOA and me in the best way I can even though I have austistic tendencies.

Yeah, I have been awkward in my postings, but I was also trying to practice what I learned from recent NVC training.

IM1

The easiest and least expensive way to change how things operate in an association is to change the BOD to those that think as you do. It does not happen overnight. In my last HOA it took a dozen of us working for over two years (3 elections) to make changes. In the first election we knocked off 2 of the 7 BOD members off which was enough to assure the Pres was not reelected Pres but he was still on the BOD. In the next election we knocked 2 more off including the former Pres.

We did door to door canvassing, proxy collections, info Emailings. We even staffed a table at the pool to talk to people.

You can complain all you want but until you take action, little to nothing will change.

I was upset about the potential board candidate because this person was retired, an investor, asked questions, intelligent, willing to learn from the CAI, social, and a kind person, too. Also, had a background with property maintenance, work experience, and in good standing with the Membership. I helped write copy in hope of success with the elections. I believe the election loss was due to lack of campaigning which the homeowner did not want to do. Before knowing me, before the elections, this homeowner told me that they tried to be voted in during an HOA meeting that I did not attend. The prez wanted to install someone else, I later learned. This homeowner was my only non-board director who witnessed how the PM and the board prez reacted to me when I challenged the pair about transacting business without a quorum at an HOA meeting. At least now I have my recruitment quals figured out.

At the last HOA meeting, the prez mentioned the upcoming newsletter will be a call for board candidates.

This HOA lesson has taught me that I need to make sure anyone potentially good as a candidate not be present around me in front of the PM, the prez, and the board. Even though I acted as though I did not know the homeowner. I realize that I should have remained silent. Instead, the PM and the prez got mad at me after I asked about our annual meeting last year and about board education through the CAI. PM told me that the "CAI is national and does not apply to CAI". I was in shock from the hostility. A battlefield mistake - to say anything at that meeting. I now regret but learned from. Next lesson coming up...

Wow, that is the kind of commitment and success I would like to have for our HOA! You all did an incredible amount of work! Congratulations!!

I do not know how I can approach your level of success. I have been here for under 4 years.

Can you tell me about how you gained support from other owners? Although I am worried that the PM and prez will do something fishy...

I didn't see your lastest reply. Yes, I release for now. Thank you for listening and for your advice.