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VickyV (California)
Posts: 1
Posted:
I own a condo in Palm Springs CA, this past year the board president has assigned his own tenant who is not a home owner a position of Vice President. The tenant was not voted in, or even on the last ballot to be voted in.

According to our CC&R's a Board member must be in good standing and be a homeowner. When this was brought to the presidents attention, his response was "what are you going to do about it". This same board member "vice president" is also the paid manager, and was hired by the board president.

Many violation meetings are just heard by the president and the vice president and one other board member. Since this board member was never voted in and is not a homeowner, would this not make it an illegal board?

We have no property management company the board president fired the property management company and took on the role of self management. The president also serves as the treasurer. So many off site owners don't want to saying anything in fear of the board forcing their tenants out, or accumulating large fines for allegedly violating association rules.

It's sad that someone has this much power over the homeowners. Anyone who dares to disagree with the board president finds themselves in a bad situation. I have tried to go against this man, only to be accused of violating rules and issued large fines for things I did not do. But when you go to the violation hearings one does not stand a chance when the witnesses to the rule violations are the president and his tenant.

Most peoples response will be to move, but right now as much as I would like to do that it is not financially possible.

It seems like there is no government agency to turn to. No one that steps in on the owners behalf. In the meantime our board gets away with bullying people, fining people for rules they did not break. And hold board meeting with members that are not permitted to even be on the board.

What can be done?
KerryL1 (California)
Posts: 14,550
Posted:
Are you & HomeO2 the same person?

Anyway, Vicky, I'm very sorry that you have an abusive Board that doesn't comply with CA laws or your own documents (assuming your bylaws say that officers, e.g., VP, must be Owners like ours do, but not all do)

You say you cannot move. Are there enough Owners who live there most of the time that you can rally them to recall the board?? this takes a lot of research & effort, but little $$. Maybe, for instance, you have more Owners in residence in the winter as in many desert HOAs.

If you can afford it, you could hire your own HOA attorney and have her/him write a tough letter to the Board president to comply with your bylaws and state laws. there are, for instance, strict CA laws concerning hearings and fines.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Vicky,

You seem to be confusing "board member" with "corporate officer." President, Vice-President, Treasurer, and Secretary are all corporate officers.

Homeowners vote for the board members. The board appoints officers.
KerryL1 (California)
Posts: 14,550
Posted:
Yes, Larry, true enough. But some bylaws mad ate that Certain officers must be Owners. Ours, for instance, state the Prez & VP must be directors. And, here, all directors must be Owners.

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