Potential Board Candidate

Our ongoing transient occupancy homeowner has now announced they would like to run for a Board position (election in February). I'm quite certain (from prior correspondence and e-mails), this person wants to change much of our "antiquated laws" to their benefit. I know, I know - not to worry, as it takes a quorum and homeowner vote to do something like this, but this is a big concern for the current Board.

We are now working with an attorney on the transient occupancy use regarding this homeowner. They will be receiving a letter from our attorney early next week regarding numerous unpaid fines that they have accumulated for this particular Declaration violation. This homeowner has also received Common Area violation notices.

This person is very visible on social media. They also take regular walks in the community. There have been reported "odd" confrontations with this homeowner, to the point that other homeowners have told Board members that they are concerned about this homeowner's mental capacity. On top of that, via e-mail, telephone conversations, in person communication as well as things this homeowner has done and been witnessed by Board members and homeowners, this person is a pathological liar.

Now that you have a little history about this particular homeowner, here is my concern. We have 3 people going off the Board in February. To my knowledge, only 1 is returning and that is even questionable. We only have 1 other person that is even considering running for a Board position. This leaves 2 positions WIDE OPEN.

My question is .... can anything be done to preclude someone from running for a Board position? We have absolutely nothing in our ByLaws or Declaration about this. Only thing I can come up with is in the ByLaws it talks about indemnification of Board members. If this person has LARGE outstanding fines, would this indemnify them of future fining because of Declaration violations?

Let me tell a story of on of my Instructors in college used to do... He was responsible for doing "Job reviews" where he worked. Everyone who knows the "Job Review" math knows this. The score is 0 - 5. 0/1 being the worst and 5 you "Walk on water". You are NEVER allow to give a 0/1 nor a 5. A 0/1 should is discouraging or should already be facing action. The highest score of 5 was not allowed because "No one walks on water". So you basically are only allowed to put down 2 - 4's on the form. Which of course means average...

Well what the Instructor would do to get rid of someone would be to give that person extremely HIGH marks. Amazingly this person would get a "5" or score on the high 4 side. Why would he do this to someone who was really a 2 at best? That person is most likely already looking to be transferred out of that department. The hiring department looks at their job review, and hires them. It takes a few weeks but usually the hiring manager figures out they have been had...

I point this out because you may want to take a similar approach. See even though this person has negatives surrounding them, the more you say about them the worst you look. It may be time to "Promote" them instead. Believe me, the position of Board member isn't an easy. It may just be what they need to open up their eyes to their own situation and the ramifications of it.

Many governing docs require directors to be in good standing with the HOA. If the owner has unpaid dues or fines that might preclude them from being on the board.

Douglas - that's was I was hoping! Nothing in the Bylaws about "good standing".

How many homes/units in your HOA? 48

How many directors do your Bylaws say you must have? 5

Do your bylaws say candidates for the Board must be in "good standing"? No

What, in fact, DOES your HOA attorney say? Have an e-mail to him - no response yet

Have you written on this forum in the past that many/most of the Owners are elderly, live elsewhere or both? 35% rentals - majority of residents are 70+.

As other have written, if there's no restriction against her running, your only option seems to be convincing others to stay on the board. convincing others to run for the board. Then campaign like crazy against the woman. That's what I'm trying to do! :-)