MC is asking for ideas on how to solve board harassment

Started by LeilaniL • 28 replies • 1691 views

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LeilaniL (California)
Posts: 47

Posted:

Since the last board meeting and in light of the upcoming recall election, the board and our contractor have been taking pictures of owners who dared to confront them during the last board meeting. Within a day of that meeting, the contractor accosted one owner, called the police, and filed a restraining order on him. His worker took video of another owner, claiming she has been harassing him. We have asked the MC to step in and mitigate the situation and help restrain the board and contractor from such behavior, but they seem clueless on how to do that. They say it's both sides fault and have actually asked us for ideas.

If the MC would have stopped the board from taking illegal actions for the last two years, we probably would not be in this situation, but the MC insists that it can only make suggestions to the board; otherwise, it does what the board wants.

Any suggestions?

FredO1 (Florida)
Posts: 18

Posted:

Long answer: Hate to be a Debbie Downer again, but because the HOA system provides no internal checks and balances on a runaway board, your only hope (in my opinion) is in the court system.

Also, since the economic interests of the MC and the HOA's law firm are dependent on their staying in the good graces of the runaway board, they will (again, in my opinion) be of no help to you and the other troublemaker/owners.

Short answer: Pool your money with the other troublemaker/owners and hire yourselves a good attorney.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The MC has no authority nor responsibility to rein in your Board. The MC may, if desired, terminate the contract between them (if the contract allows termination for such cause) but that is about it.

The members must stand up to the bullies and act by gathering support and tossing the bums out. This can be done through recall elections, simply not reelecting the existing directors or through the courts (by petitioning for receivership and a fair election).

Keep in mind that this will also require members to step up and take on the responsibilities of running their HOA/COA.

KerryL1 (California)
Posts: 14,550

Posted:

Whoa or what is the is "our contractor?"

Anyway, the MC has no control over the Board as others also have said. The Board rules.

KerryL1 (California)
Posts: 14,550

Posted:

Whoa or what is the is "our contractor?"

Anyway, the MC has no control over the Board as others also have said. The Board rules.

LeilaniL (California)
Posts: 47

Posted:

Thank you all. I think the MC actually does have some responsibility to refuse service when that service would be in violation of laws or governing documents. It seems like it would be considered gross negligence and willful misconduct, which would make them legally liable. That's my opinion.

KerryL1 (California)
Posts: 14,550

Posted:

Who or what is "the contractor," Leilani?

Our contract with our MC includes a clause that the MC/PM are not "obliged" to follow directives form the board that are opposed to the law or our governing documents. Does your HOA's contact have nay such clause??

LeilaniL (California)
Posts: 47

Posted:

Quote:

Posted By KerryL1 on 10/04/2016 10:25 AM
Who or what is "the contractor," Leilani?

Our contract with our MC includes a clause that the MC/PM are not "obliged" to follow directives form the board that are opposed to the law or our governing documents. Does your HOA's contact have nay such clause??

The contractor is the general contractor who does 90% of the work around here for 2.5 years, until recently with no bidding.

LeilaniL (California)
Posts: 47

Posted:

Our contract with the MC does not have a clause like that. The closest it gets is this:

Agent shall not be liable for any errors of judgment or for any mistakes of fact or law, or for anything which
it may do or refrain from doing hereunder, except claims or litigation arising through the gross negligence or willful
misconduct of agent.

SheliaH (Indiana)
Posts: 6,964

Posted:

The property manager works for the board, so he/she is in no position to stop them from doing anything, so your manager is correct
in that it can only suggest. If the property manager is concerned that the board wants it to do something really unethical or downright illegal, there may be language somewhere in the contract that would allow them to cancel it.

If your board members are acting up and have been for the last two years, it's up to you and your fellow homeowners to put them in check - that may mean recalling them or voting them out at the next election. In this case, your board should already have a policy on how to respond to homeowner complaints involving contractors and they need to have the cashews to apply it. If the contractor is having some sort of issue with the homeowner to the point police are being called, the HOA may be wise in staying out of that and let the police handle it. In the meantime, it would be a good idea for someone (like the property manager) to contact the homeowner and tell him/her to knock off the bad behavior - if they have an issue, contact the property manager, or contact the board directly if it has the means for that (e.g. a email account). The contractor should be told not to engage the homeowner, unless there's a direct threat to his/her safety, in which case, police should be called.

In our community, we tell homeowners they cannot interfere with the work of a contractor hired by the association and must take the steps I've listed above. If the contractor can't do the work the association hired it to do, the homeowner is told he/she will be responsible for the repair/replacement of that item(s) if they continue to interfere. If a homeowner wants a contractor to do additional work for on his/her unit, the contractor may not be able to do it without the board's authorization, depending on what it is. If the work is on something the homeowner's responsible for anyway, he/she can make whatever arrangements desired with the contractor - but he/she will be responsible for payment and the quality of the work,and have to get his/her own contract for it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

LeilaniL (California)
Posts: 47

Posted:

Thanks Shelia, Actually all the homeowner did was show the board pictures of expensive landscaping around the president's unit and a dried up crater around other units. He did this during the open forum of the monthly meeting just two days prior. That's all it takes.

We are in the process of a recall right now, the second attempt after the board invalidated our petition for bogus reasons last year. There are also two lawsuits against the HOA and individual board members. Perhaps the plaintiff will add the MC to the suit since I think it can be proven the manager acted with "gross neglligence and willful misconduct" on several occasions, which makes them liable according to the contract.

AugustinD
Posts: 5,144

Posted:

LeilaniL, care to share what the two lawsuits are about? Your HOA sounds like how my HOA will be in about two years. A majority vote puts in control some terrible directors; the directors keep doing favors for this majority; the majority, well endowed with perks, does not care what happens to the minority or their neighbors; good folks move out rather than run for the board, if they can afford to move.

KerryL1 (California)
Posts: 14,550

Posted:

Examples of the MC's gross negligence or willful misconduct? Would on exapme be that the MC directors th landscaper who, in turns gives great serve to the President, but terrible service to others?

LeilaniL (California)
Posts: 47

Posted:

No. That is not an example.

LeilaniL (California)
Posts: 47

Posted:

Quote:

Posted By AugustinD on 10/07/2016 3:10 PM
LeilaniL, care to share what the two lawsuits are about? Your HOA sounds like how my HOA will be in about two years. A majority vote puts in control some terrible directors; the directors keep doing favors for this majority; the majority, well endowed with perks, does not care what happens to the minority or their neighbors; good folks move out rather than run for the board, if they can afford to move.

Hi Augustin0, The lawsuits include breach of fiduciary duties regarding finances. Also, violation of governing documents as well as civil codes, corporation codes, election codes, etc. Also, harassment and retaliation (excessive fines and violations) for legitimate member activities such as passing flyers to homeowners. The list goes on.

In our case, the abuses were so rampant across so many homeowners that finally we do have a majority ready to recall the board. But that is not so easy when the board blatantly disregards election laws and disenfranchises that majority at will.

In your case, I would recommend the minority band together. First study your governing documents and every civil and corporate and other law that applies to HOAs in your state. Make a list and gather evidence of every law and code and governing document section they violated. Take that list to an attorney specializing in HOA and/or corporate law and ask what can be done.

In our case, one of the remedies in the lawsuit is not only to compensate the owner for all legal costs (I'm sure they will win and recover those costs) but they are also asking a judge to remove the board members. The insurance company's lawyer is involved on behalf of the board. We are told that very few of these types of cases ever get before a judge because they get settled first.

Also, there are other avenues to pursue besides court, such as complaints with whatever oversight agencies exist for the various functions of the HOA at the city, county, state and national level.

I was recently sent this article about an HOA that took their matter to the local news and set up a great recall website.

We may go the publicity route as well.

https://independentamericancommunities.com/2016/10/01/sc-hoa-mess-proves-difficult-to-clean-up/

It takes perseverance, knowledge of the law and your governing documents, time, money, and strategy, but if everyone uses their strengths to meet your goal to recall the board and reclaim fairness in your community, it can be done. Beware though that you will get harassed for it. But the more they do against you, the more reasons you have to sue them.

For safety, though, get a couple security cameras.

When you recall them, the new board will hopefully enact policies and procedures that prevent such tyranny from happening again. In our case, we went from one tyrant on the previous board to a couple monsters on the board that replaced them.

I am new to understanding this process, but I think that is sound advice. Perhaps others have more to add.

Best.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Oh the red flags you raise in that post... Your HOA and members are completely lost in the deep end and swallowing it's own tail... Quite frankly it looks like it is ALL your faults. Not understanding the process doesn't excuse anyone from following the process. Which if you don't know or understand it, then take a moment to LEARN it before taking action or assigning blame.

Seriously you want to take your HOA battle to the media??? Could that be a worst decision? Think about it... You and your neighbors are trying to sell their homes to leave such a terrible HOA. So what do ya do? Go to the media to announce to everyone who can and IS a potential buyer... "DO NOT BUY HERE IT'S A MESS TO LIVE IN". Really??? Then your going to blame your HOA board or "HOA" for the reason your homes won't sell???

You and your neighbors ARE the HOA!!! Those board members? They are owners and your neighbors too. You ALL elected that board to represent you ALL on daily business and handle financials on your behalf cause ya did not want to. That is why the people on the board is there and a management company. Don't like what they do or did? Then you mount up a removal of the board and then you all vote for NEW fellow neighbors willing to do the job. Surprised at this point if ya ever get a volunteer who wants to be on the board...

You do realize suing your HOA is suing yourself and your neighbors? So this "winfall" of money your people are suing for? It's coming out of EACH AND EVERYONE's pockets! It's going to cause a Special Assessment to pay ALL the legal costs off. Oh yeah... those legal cost the HOA is to pay? Yeah, that comes out of your pocket too... A HOA is ONLY funded by it's owners for it's owners... The HOA has to be represented by a lawyer in court. That HOA is NOT your individual lawyer. So your forcing your HOA to pay for legal representation and the legal cost of these lawsuits and then demanding to pay the costs back???

Insurance covering the lawsuits? How bad is that? Well let me see... You want to LOSE your HOA insurance? Do you and your neighbors want to pay MORE for insurance coverage when and IF you find it? Do you and your neighbors want to pay for the deductible in order for the payout to happen? Which can be over 20K deductible... Plus any difference in pay out and award is also the responsibility of you and your neigbhbors/HOA.

So instead of getting yourselves all in a tizzy and making knee jerk reactions. It's time you ALL sit down and EDUCATE yourselves. If you do not know the process, then why not set up some meetings to learn such things? Set up meetings to learn your CCR's, by-laws, and Articles of Incorporation. Take a section at a time and learn. It won't be overnight but it's much better than keeping suing yourselves and swallowing yourselves alive cause no one can make a solid group decision.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By LeilaniL on 10/08/2016 9:02 PM

I was recently sent this article about an HOA that took their matter to the local news and set up a great recall website.

We may go the publicity route as well.

https://independentamericancommunities.com/2016/10/01/sc-hoa-mess-proves-difficult-to-clean-up/

Keep in mind the unintended consequences of taking an issue into the media:

Typically there is additional push back from the Board (as you embarassed them locally vs. just within the development)

Realtors may direct buyers to other locations

Buyers may not want to purchase within a troubled HOA - if this happens enough, sellers have to sell at a lower cost to attract buyers which drives property values down for everyone.

Division within the membership (people will take sides as the issue is discussed in the news).

LeilaniL (California)
Posts: 47

Posted:

Dear Melissa, You sound upset, and have made quite a few accusations without complete information.

When I say I am new to the process, that doesn't mean I'm clueless. I have read the laws and the governing documents. And anyway, I'm not the one suing. The owner who first sued knows the processes much more than I do.

Now what part of the process do you think she and us homeowners did not yet follow?

Do you think we didn't speak up in open forums? We did. Those whose questions got too close for comfort received violations, fines, charge backs and lies written about them in the Minutes. I was there and read the Minutes and I know they are lies. The board has even hired a private investigator to drum up a case against two homeowners who they just did not like to levy more fines and violations against them and get them out of here. They succeeded with one of them.

Do you think owners didn't attend hearings and request IDRs when they received those violations? They did, but still got fined anyway.

Do you think that owners didn't request ADRs when all other options failed? They did. The board refused to meet.

Do you think that these owners didn't then send demand letters to the board asking for a settlement of the matter before pursing litigation? They did. The board did not answer the demand letters.

Do you think we did not pursue a recall election? We did. The board blatantly disregarded all election laws, governing documents, and invalidated the valid petition. They then proceeded to adopt rules that disenfrachised probably half of the owners here.

Do you think we didn't try to put people on the ballot in the last open election? We did. The board invalidated the owners they didn't like with falsified reasons. In one case, they reversed the decision after the election. But it was too late. In the end only one new name was on the ballot--a friend of a board member. We did not elect this board, either. They took over power and remain in power because they have not allowed fair elections to take place.

Do you think we haven't gone to outside agencies for help? We did. The attorney general says all he can do is send a letter. If we want further help, we must pursue litigation.

Do you think we want to go public? If that will bring light into the darkness so that the blatant abuse of authority will stop, then we will.

Do you think that the plaintiff owners will really get a windfall? I doubt it. They will get their costs back for sure and probably from the board members themselves because once the insurance company realizes how grossly negligent and willful they have been in their abuse of specific owners, the insurance company will get the money back from them.

So, the association attorney has made a lot of money, not just form these lawsuits but from handling all of the activity of the board, even though he has told them in various ways that they are unreasonable. But the board does not have to listen to the attorney. Yet, that money to him is a fraction of the million dollars they spent in one year, much of which went to one contractor without bids. We now have almost no money left in the bank.

So what exactly is our fault and what part of the process did we miss?

Please tell me. I want to learn.

LeilaniL (California)
Posts: 47

Posted:

Quote:

Posted By TimB4 on 10/09/2016 11:23 AM

I agree that there may be these consequences. And yet, real estate agents are aware of the issues even now and likely directing buyers other places. In fact, owners are already having a hard time selling because we lost our FHA certificate. The litigation and low reserves and probably other factors is causing at least one mortgage insurer that I know of to hold up the loan.

Also, people have very short memories. Just look at our national election nominees. So i think publicity will be short-lived. When buyers see that we are under new management, and we get our FHA cert back, and our reserves go up, we can reclaim our status in the market. Right now, good people are moving out and renting their units if they have to, which is just as bad as not being able to sell.

But, we don't have specific plans to do that yet. We have a recall in one month and will see what transpires. Hopefully, that will end it and begin the restoration. If there are Christians on this thread, please pray for us. Thank you.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By LeilaniL on 10/08/2016 9:02 PM
In our case, one of the remedies in the lawsuit is not only to compensate the owner for all legal costs (I'm sure they will win and recover those costs) but they are also asking a judge to remove the board members. The insurance company's lawyer is involved on behalf of the board. We are told that very few of these types of cases ever get before a judge because they get settled first.

Hi LeilaniL, thank you for elaborating. I am intimate with the process in consequence of membership in another HOA. I wanted to know to see how bad things had gotten. In my experience, yes, legal costs can sometimes be recovered. As for removal of board members: This is extremely rare. I have not heard of this happening but someone here might be able to quote a situation where it happened. The reason these cases do not get before a judge that often is because the judge pressures both sides to agree to mediation, to get the case out of his or her courtroom and save the taxpayer money and spare the exhaustion of precious court resources. The parties do not have to agree to mediation, but it is often the quickest way to resolution.

I tend to think in some extreme cases, such as yours and mine where directors are cheating with elections, it is necessary for things to fall apart, by way of lawsuits, before there is any change. It is costly but could be seen as an investment. It depends, as I am sure you sense.

Thank you for posting this. I know it's hard. I hope you keep posting updates, as I will for my HOA where I feel I can.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Oh boy... Can now start seeing how this mess is EVERYONE's fault again. Your lacking many details but the ones you do give are telling...

Let me address a few... You say that the board was warned that legal action was gong to be taken and they did nothing. Let me tell you, our board would do the absolute SAME thing. You do not Threaten your board/HOA with a lawsuit and expect them to change a thing. NOT GOING TO HAPPEN!!! Sorry my reaction when someone threatens us with a "lawsuit", is: "I will wait for the paperwork and see ya in court". Your NOT holding me or the HOA "emotionally hostage" by threats of lawsuits. Which is EXACTLY one is doing when they go to their board and say "Your not doing XYZ this way, so if you don't we will sue". That's a bit extreme on that party's actions NOT the board. Sorry but there were OTHER options available before one flies off the handle and starts throwing out the words "I am going to sue because of XYZ so you better do something!". No I do NOT have to do ANYTHING but my job. Which is to represent ALL the members of the HOA not just the ones who feel they are being picked on.

Hiring private investigators? Really? With what the HOA money? If that is true, then the financial records of the HOA will reflect that. Which you and all your neighbors have access too. For what purpose to write up violations? One thing in a HOA I know, a violation is pretty much "What you see is what you get". I don't see why a private investigator situation exists except maybe between PRIVATE parties.

Fines? Well, let's see do you have a fining schedule and the ability to levy fines? You signed up for this and was aware that violations would be subject to fines? Don't you want the ability to force a member to clean up or remove a violation? However, once the board actually does do it's job of issuing violations or fines, it's ALL outrageous and wrong? However, your probably already at the meeting doors demanding your HOA take actions against violators? You can't have it BOTH ways... Sometimes the violators are you... Seems your board should provide a way of disputing it but then have final rule. Our HOA never fined anyone. We instead fixed the violation at our cost and sent you the bill. Which if you did not pay, we would then attach a lien for that amount of money.

The court can ONLY make one "Whole" and NOT a profit. So guess what? All these lawsuits? Yes, maybe the legal costs can be recouped but ONLY if the court decides. They have to decide which party had the right to bring the suit and then get their legal costs back. The HOA has no choice but to hire a lawyer to represent them in court. So the person who brings the lawsuit to the HOA and it's found un-founded may have to pay the HOA for that legal costs of hiring that lawyer. It's viewed as "Damages" to the HOA. So will that be more "outrageousness" of your HOA board if this result happens?

I am just reading this stuff between the lines here... What I see is that EVERYONE is causing their own outcomes here. I can't blame the HOA nor is it the MC's responsibility to reign the HOA in. It is YOU and YOUR neighbors to STOP your cycle of whatever it is your doing to each other. Because as far as I see, it's no one seeing the forrest and deciding to live in the trees...

Former HOA President

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By MelissaP1 on 10/10/2016 8:51 AM
Oh boy... Can now start seeing how this mess is EVERYONE's fault again. Your lacking many details but the ones you do give are telling...

Let me address a few... You say that the board was warned that legal action was gong to be taken and they did nothing. Let me tell you, our board would do the absolute SAME thing. You do not Threaten your board/HOA with a lawsuit and expect them to change a thing. NOT GOING TO HAPPEN!!! Sorry my reaction when someone threatens us with a "lawsuit", is: "I will wait for the paperwork and see ya in court". Your NOT holding me or the HOA "emotionally hostage" by threats of lawsuits. Which is EXACTLY one is doing when they go to their board and say "Your not doing XYZ this way, so if you don't we will sue". That's a bit extreme on that party's actions NOT the board.

Melissa, I would hope your response as a director would depend on the legal merit of the complaint. I observed five who filed court complaints at my former HOA. In most of these the members won. In one instance, the member lost. What I have learned is that the courts expect HOA members, who have legitimate complaints against a HOA, to take certain steps. Step 1 is to make a request for X, preferably with great civility and justifying her or his request via citation of the governing documents and statutes (and possibly case law, if the member is sophisticated enough). Step 2, wait a couple to several weeks. Step 3, if the HOA response does not provide what is requested, then the requester may ask for reconsideration or go directly to a letter of demand, with or without an attorney. Said letter of demand says (a) the requester has asked at least once and justified her or his request with legal citation; and (b) if the HOA still refuses, the requester will file in court by such-and-such date. Without a letter of demand, in court filings the defendant HOA can say, in so many words or motions, "Your Honor, the plaintiff did not let us know his or her intentions. Please order the plaintiff to give us a chance." The judge will be angry with the plaintiff.

Typically, attorneys send two letters of demand on behalf of their client, several weeks apart. The requester's attorney does all she or he can to keep the matter out of court, because judges expect this. Court resources are precious and expensive.

Five times this year members, with myself involved, where I live used this approach. We prevailed each time, avoiding court. Three of these actions were to enforce voting rights for the upcoming AMOM. A member has little chance of winning a seat on a board without voting rights being enforced. The Board hates us and has retaliated, but we felt we had done all we could to ensure fairness and had no other choice. My group will be watching the Board closely at the AMOM taking place in January. We do expect the incumbent Board to cheat, if the signs are strong that they did cheat, I expect this will go to court. We will have exhausted all possible avenues.

Rogue boards, blatantly and significantly disregarding the law, are common enough that I believe LeilaniL. I look forward to seeing how things go, hard as it is for her at her HOA.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is NOT that I don't believe them. It's just that I don't believe everyone is "victims" in this situation. Something is missing in the details. The details provided lend me to believe that those involved are making their own situations. I can't feel like a board is crazy and out of control because they would NOT respond to an owner(s) telling the board they are going to sue if XYZ is not done. That to me isn't necessarily a "crazy out of control" response of a board.

Your right there should be letters of intent sent to the board by a lawyer to AVOID court actions to make sure the threat is valid to address. Quite frankly I am NOT going to respond to someone who SAYS "I am going to sue the HOA if you don't do XYZ or your not following XYZ". That means absolutely NOTHING to me or the HOA. Nor does it mean the HOA is in the wrong or doing something wrong. If your going to say the board is dishonest, crazy or incompetent based on the fact they waited on actual lawsuit action to do anything, I don't see it. The fact is running to your HOA lawyer each and every time someone threatens to sue is a waste of time and money in most cases. Then to add onto the fact that most of the time the person who did the lawsuit threat goes "The HOA ran up the lawyer expenses which shows they are financially irresponsible...etc..." Well if you threaten a lawsuit and make the HOA go to the lawyer to verify you do NOT have a case, then YOU just ran up the lawyer bill NOT the HOA because the HOA was PROTECTING ALL the owners from your lawsuit. Your NOT just suing a board your suing EVERYONE IN YOUR HOA!!! Including yourself...

So I am not jumping on board that this board is crazy or practicing in harassment. If the board is sending notifications your in violation or you owe money, that is NOT harrassment. That is what they are supposed to do. If it's not true or accurate, then you go to the board and present your case. It's more than one person who makes the decision. It is NOT viewed as harassment by the court for sending out such notifications. It's the price of doing business. I've yet to see a court ever say a notification that if you don't pay your dues by X time, we will lien/foreclose as "harassment". Plus if the HOA has the right to fine, it may also not fall under the law of harassment. Plus harassment is a POLICE matter NOT a court one...

Former HOA President

LeilaniL (California)
Posts: 47

Posted:

Quote:

Posted By MelissaP1 on 10/10/2016 12:33 PM
It is NOT that I don't believe them. It's just that I don't believe everyone is "victims" in this situation. Something is missing in the details. The details provided lend me to believe that those involved are making their own situations. I can't feel like a board is crazy and out of control because they would NOT respond to an owner(s) telling the board they are going to sue if XYZ is not done. That to me isn't necessarily a "crazy out of control" response of a board.

Your right there should be letters of intent sent to the board by a lawyer to AVOID court actions to make sure the threat is valid to address. Quite frankly I am NOT going to

Melissa, I really don't know where you got the idea that these lawsuits are a result of a single threat against the board to "do xyz or else we sue." Nothing like that happened. The lawsuits are a result of blatantly disregarding and violating laws and rigging elections and retaliation through excessive fines levied on owners who speak out, even in an open forum where such matters are supposed to be addressed.

The processes were followed. The board had months to respond and settle the issues. They did not respond. We are trying the recall again, which we fully expect they will try to cheat on in some way again. If they do, then our only other recourse except an emergency injunction. Nothing and nobody but a judge and the court system can legally stop these people. We have exhausted all other avenues (except the media).

In case you're not aware, know that not all people are good and fair and follow the rules. Some people just do whatever they want because they are in control of the corporation without any checks and balances, and no internal accountability. If they don't want to come to a hearing, they simply don't have to. But if they want you to come to a hearing and you don't, expect severe penalties. I am not going into every detail here. I gave quite a few in previous posts. It would be inappropriate to tell more since it will come out in the settlement or court hearing.

LeilaniL (California)
Posts: 47

Posted:

Quote:

Posted By AugustinD on 10/10/2016 9:31 AM

Posted By MelissaP1 on 10/10/2016 8:51 AM
Oh boy... Can now start seeing how this mess is EVERYONE's fault again. Your lacking many details but the ones you do give are telling...

Rogue boards, blatantly and significantly disregarding the law, are common enough that I believe LeilaniL. I look forward to seeing how things go, hard as it is for her at her HOA.

Thank you, Augustin. I will keep you all posted and you do the same.

LeilaniL (California)
Posts: 47

Posted:

Augustin had asked me to keep everyone updated and I now have something to report. We had our recall election today and over 50% of the membership voted, an incredible turnout and almost every one voted to recall them. But the board didn't make it easy. Although they had strict rules for being in good standing, they somehow overlooked them so that the quorum would be raised. This kept a lot of people from voting and nominating themselves. They thought they were disqualified when they weren't, so I'm sure more people would have voted if they knew they could.

Lesson: Always turn in your nomination and ballot no matter what anyone says about you.

We did have a professional 3rd party inspector who handled everything. We thought that this company might be in cahoots with the board, but they did a professional job.

Despite the best efforts of the board to keep the election campaign quiet, the turnout was so high because the core recall team did an incredible job of getting the truth out to the owners about the mismanagement and lies. They sent the membership one flyer/update every week. Put a flyer on every door at least twice. And this last weekend, they set up a table outside the front gate with balloons and signs. The board of course called the sheriffs and said they were harassing owners and that the sidewalk belongs to the HOA, but the sheriff didn't buy it. He even took a picture with the "gang" of activists with a big smile ;).

So for those who are still in their battle, don't give up. Get organized and get the word out. It can be done!

For all those who helped with advice and prayers, thank you.

KerryL1 (California)
Posts: 14,550

Posted:

So...then what happened? Do you have a new Board?

Yes, you show all that hard work and great persistence can change entrenched boards and bring in new and, we hope better directors!

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By LeilaniL on 11/10/2016 10:06 PM
Despite the best efforts of the board to keep the election campaign quiet, the turnout was so high because the core recall team did an incredible job of getting the truth out to the owners about the mismanagement and lies. They sent the membership one flyer/update every week. Put a flyer on every door at least twice. And this last weekend, they set up a table outside the front gate with balloons and signs.

Congratulations! Too many HOA campaigns, whether a regular election or a recall, are run in the dark. That is, candidates and their supporters fail to actually campaign, resulting in no interest from the voting members. It sounds like your recall team did an excellent job in not only informing the membership but in keeping everyone interested right up to the last minute. Sounds like a job well done.

TimB4 (Tennessee)
Posts: 21,059

Posted:

I agree, congrats have been earned.

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