3Board Member HOA - one does not communicate

Started by HaleyH • 16 replies • 1104 views

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HaleyH (Illinois)
Posts: 67

Posted:

2 of us are new on the Board -one is from the old HOA Board "regime". Total of 3Board members on a very small less than 20 member association. We have two homeowner members fighting each other over dog poop. One member owns the dogs, one is the injured party. Both members involved have retained attorneys who have asked for a copy of the decs. This issue is pretty black and white for 2 of us HOA Board members. We have asked the 3rd member for his opinion and initially he responded with email 'rants' and criticisms of us. He will not agree or give reasons why he disagrees with the actions we want to take. Can we move forward without his agreement since we outnumber him?

AugustinD
Posts: 5,144

Posted:

As long as the board majority does motions and votes in either an executive session or at an open meeting, all pursuant to the Declaration, Bylaws, state law et cetera, the board majority can move forward without the minority director's agreement.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Haley

2 of 3 is a Quorum and a majority so you two can move ahead.

I think you have posted before on dog poop and the general consensus was that this is not a BOD issue. It is between two owners and the BOD should stay out of it.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This isn't a HOA matter. Hope your not paying for attorneys with HOA money. Plus the Declarations should be available at the courthouse. Not sure why they are asking the HOA for a copy. The HOA can make them pay for those records. Otherwise, the lawyers should know the HOA documents are PUBLIC except maybe for the by-laws. Which may or may not required to be filed with the CC&R's.

Former HOA President

HaleyH (Illinois)
Posts: 67

Posted:

yes - that was me and 2 of us agree to move off this issue... we have no proof.
The other issue the one homeowner volunteered to have the association tap into his water line to water he entrance of the common area. He wants it removed.. we have to remove it and the 3rd member implies we should fight it.... crazy.

HaleyH (Illinois)
Posts: 67

Posted:

I agree - thanks for the response. No attorneys consulted for this.

ND (PA)
Posts: 792

Posted:

Haley,

The answer depends on how you "voted" on the decision. Was the vote done at a properly-called and attended Board Meeting or was it done via email between Directors?

If the vote was taken at a properly-called Board Meeting where quorum was met, then the majority vote is the decision of the Board.

However, if you are just emailing back and forth and trying to come to a decision, then that would be considered "action without a meeting". To do this usually requires unanimous agreement, so having 2-1 through email is not enough to consider it a done deal.

Need to read through your documents also to see what they say about voting at meetings and "action without a meeting".

KerryL1 (California)
Posts: 14,550

Posted:

Don't recall your old posts, but IF your HOA has rules about dog poop, then it IS the HOA's business IF there's evidence. Without evidence, you have nothing.

KerryL1 (California)
Posts: 14,550

Posted:

Don't recall your old posts, but IF your HOA has rules about dog poop, then it IS the HOA's business IF there's evidence. Without evidence, you have nothing.

HomE (Washington)
Posts: 29

Posted:

Are you sure the action you're trying to take is correct? That might be the cause of his hostility and lack of communication> If you don't know if you can even pass a motion without a simple majority that would seem to be the bigger issue.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By HaleyH on 08/23/2017 6:37 PM
yes - that was me and 2 of us agree to move off this issue... we have no proof.
The other issue the one homeowner volunteered to have the association tap into his water line to water he entrance of the common area. He wants it removed.. we have to remove it and the 3rd member implies we should fight it.... crazy.

YEP ... I am pretty sure he wants the tap removed after seeing his water bill for watering "common area" which most likely under your governing documents is NOT his responsibility. I would immediately remove and hope he does not come back onto the HOA to "recoup" any money paid out of his pocket paid for any "common expenses".

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Can you strike a deal with the owner as in the HOA pays a % of his water bill?

HaleyH (Illinois)
Posts: 67

Posted:

The water equipment has a separate meter and we always reimbursed him and also give a monetary token of appreciation.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By HaleyH on 08/23/2017 5:10 PM
2 of us are new on the Board -one is from the old HOA Board "regime". Total of 3Board members on a very small less than 20 member association. We have two homeowner members fighting each other over dog poop. One member owns the dogs, one is the injured party. Both members involved have retained attorneys who have asked for a copy of the decs. This issue is pretty black and white for 2 of us HOA Board members. We have asked the 3rd member for his opinion and initially he responded with email 'rants' and criticisms of us. He will not agree or give reasons why he disagrees with the actions we want to take. Can we move forward without his agreement since we outnumber him?

YES ... The vote is 2 to 1 with the majority rules.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By HaleyH on 08/25/2017 5:11 PM
The water equipment has a separate meter and we always reimbursed him and also give a monetary token of appreciation.

So ... Why does he want it removed???

GenoS (Florida)
Posts: 4,276

Posted:

Maybe he's a seasonal resident and likes to turn his water off at the street while he's gone.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Had not thought of that ... but a good point.

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