new board

Started by TedD4 • 8 replies • 1040 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

TedD4 (Louisiana)
Posts: 1

Posted:

We have been having some issues with our HOA. The president stepped down from his position. The vice-president didn't step up and take that position. Somehow another person that was not on the board took that position. The new president is married to the secretary/treasurer. It appears that another board member decided to step down from the board and the president took it upon himself to appoint someone to the board. Since this has happened things have gotten ugly.
Community members have asked to see the financials and have been denied. She is late to deposit checks involving HOA dues and late to send out notices concerning late HOA dues.
The president decides to enforce certain rules of the covenants upon some community members but not others. Our neighborhood is on several canals off a river. Homes (not lots) on the canals are required to have bulkheads. It is in the covenants. However, some homes don't and some one purchased a lot and had contractors putting in a bulkhead and the president stopped the contractor and made them go home. While one of his friends is one of the homes without a bulkhead and he was the person appointed to the board.
The president has been known to give the middle finger to members of the community on numerous occasions.
We decided to have a gathering among neighbors. We obtained enough signatures to vote the entire board off and hold a special election on 8-26-17. The president has hired a lawyer and refuses to step down and he is using our HOA funds to pay for the attorney's fees. Is that a conflict of interest using our monies against the community?

MichaelC27 (Louisiana)
Posts: 4

Posted:

Some other talking points to add to TedD4 are these:
1. Board has never posted Board Meeting minutes in almost a year. There have been 4 meetings I know of. Nobody was invited.
2. Board meetings are never advertised. Our covenants say they should be posted 48 hours before the meeting.
3. Numerous request to see the financial records have been denied.
4. Numerous slanderous emails to me and slanderous comments to two of my neighbors.
5. Rude behavior and using inappropriate finger gestures to several residents.
6. The wife (sec/Treas) of the president threaten to shoot a village member.
7. Refusal to step down after 2/3 of the community voted to have the entire board removed.
8. Selectively enforcing covenant rules on some but turning their head on others.
There is much more, but for now I think these are sufficient to remove this board.
9. Will appreciate your thoughts.

AugustinD
Posts: 5,144

Posted:

Until the Special Election is held, a Board majority has the right to do what it sees as being in the best interests of the HOA. Thisincludes spending HOA funds on a HOA attorney.

Are you running the Special Election according to the Declaration, Bylaws, et cetera, with every i dotted and t crossed? Is the present board not following the Declaration Bylaws et cetera for running the Special Election?

MichaelC27 (Louisiana)
Posts: 4

Posted:

This is a quote from our Covenants & Bylaws. Article VII, 7.4 "Board of Directors of the Association" Paragraph h: "Any director may be removed from office, with our without cause, by at least a majority vote of all Members at any duly called meeting of Members. A special Village meeting to remove a director or directors from office may be called by ten percent (10%) of all Members giving notice of the meeting. The notice shall state the purpose of the meeting and shall be given to all Members in writing at least one week prior to the Village Meeting.

We did indeed call for a village meeting and sent out letters to every property owner one week prior to the meeting, stating our intent to have a Special Election to have an election and replace the current board. We had more than 10% of the members sign a petition to remove the Board. It was around 75%.
"Any vacancy occurring in the Board may be filled by a majority vote of the remaining Board members, except that a vacancy resulting from removal of a director by the members shall be filled by a vote of the membership. Members shall also vote to fill a vacancy it there are not sufficient remaining Board members to constitute a quorum."
This was also violated. There were originally 5 members on the Board. One resigned, leaving 4. The president can only vote in case of a tie on any issue. The Board then took it upon themselves to bring in another member of the community to be on the board. That was not needed. There was still enough to have a quorum.

All our petitions were turned over to another lawyer. He sent a letter to the HOA Lawyer stating our case and a cease and desist letter was sent to the president. Now at the election on this Saturday, both lawyers will be there.

This current president was arrested because of a dispute over a matter with a member of the community. He was also made to leave a recent meeting that the members called because he became violent and abusive. This is not way to live.
When our Covenants speak of members, i is referring to the entire property owners.

AugustinD
Posts: 5,144

Posted:

What did your group's attorney ask the President to cease and desist from?

I do not see anything wrong with the two attorneys being present. For now, I would give the HOA attorney the benefit of the doubt that he or she will follow the governing documents and law in general. As needed, I imagine your group's attorney will remind the HOA attorney that a HOA attorney is obliged to serve the best interests of the Association along with taking instructions from a board majority. Sometimes these clash but in a nuanced way. The HOA attorney should weigh everything when he or she gives advice to the board majority.

I cannot quite tell whether the present board is lawful. I would need you to speak of whether the people serving in the officer positions (President, VP, secretary and treasurer) are also directors. In some HOAs, the president and treasurer need not also be a director. How many directors do the Bylaws specify?

It would be nice if the two warring factions had some ground rules for counting the ballots. Have you asked your attorney about this?

Else I think your group's focus should be on getting the vote to the meeting. All the slights, insults and unlawful behavior need to be set aside for now, unless members need to be reminded of why they should vote against the present board.

I look forward to your updates. Sounds like your group is doing the right thing.

MichaelC27 (Louisiana)
Posts: 4

Posted:

The lawyer listed 10 different violations of the covenants in his letter.

Lawyers words: As such I have been instructed to provide you with a formal notice and demand that Mr __________,in addition to any and all other members of the board of directors, cease conducting any business, or purporting to act in any official capacity, relative to their former duties as members of the board of directors of the Riverscape at Clio Subdivision. Additionally, I have been instructed to formally demand that the individual who currently possesses the books/accounting records for the homeowners association, make these records available for inspection and audit by a Certified Public Accountant chosen and contracted by my clients immediately and without delay." (This has not been done; they continue to withhold records and documents.)
Lawyers words again: "In closing, I would, once again, like to thank you in advance for your prompt attention to this correspondence. Additionally, I respectfully request that you inform me immediately as to whether your clients intend to comply with the demands made herein so that my clients can begin the process of moving forward relative to the election of a new board and the examination of the books/records of the HOA as well as a formal recognition regarding the abandonment of those provisions and restrictions which my clients assert have been and/or should be abandoned. Finally, should you have any questions or concerns relative hereto. I invite you to contact my office.

The Officers of the HOA are also Directors of the Board.

Both lawyers will be at the meeting, so I do not know what will transpire. This Board continues to disseminate inaccurate information to the home owners and this place is becoming unbearable. Neighbor against neighbor. We did not have this dissension until the current president took office.

MichaelC27 (Louisiana)
Posts: 4

Posted:

Our Bylaws state that there must be a minimum of 3 Board Members and a max of 7.

CarolF (Florida)
Posts: 435

Posted:

Michael - you state " The president can only vote in case of a tie on any issue." Are you certain this is correct?
Isn't the president voting as a director, not as the president?

GenoS (Florida)
Posts: 4,276

Posted:

All directors should vote. You could argue that the homeowners who voted that peron onto the board are entitled to the representation of the way that director casts his or her vote at board meetins. The president takes off his "president hat" before voting and puts on his "director's hat".

I understand many people adhere to that mistaken old adage because it is the way some organizations operate. But in a condo or HOA every director is not only entitled to vote, some would say they have a duty to do so.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here