President acting on his own

Started by AdamD • 16 replies • 1331 views

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AdamD (Indiana)
Posts: 42

Posted:

I am a homeowner in a single family home HOA. Recently our President (over 2 years) has been acting on his own, without consulting fellow Board members. What is concerning is that he has been acting outside his authority. Specifically, he has filed a report with CPS on a homeowner as the Board president (not as a fellow homeowner), yet no other Board member knew if this beforehand. While his intentions may be in the right place, I feel the Board should be acting/speaking as a cohesive unit, not individuals with very different ways of approaching the same problem. Is this something common amongst Boards? Something to be concerned about? Not trying to cause an issue, just wanted to filed this question amongst some people who may have been in a similar situation. Thanks!

TimB4 (Tennessee)
Posts: 21,062

Posted:

The Board needs to discuss this issue and, if need be, put the individual on notice.

Worst case, someone on the Board will need to step up and be willing to assume the office.

GenoS (Florida)
Posts: 4,276

Posted:

I think it is something to be concerned about. We're dealing with a similar situation with the added bonus that no one on the board right now is willing to step up and assume the office. So I'm not only concerned with the president's actions but the very fact that nobody else on the board seems to give a rat's patootie is in itself concerning.

KerryL1 (California)
Posts: 14,550

Posted:

What is CPS?

JohnB83 (South Carolina)
Posts: 124

Posted:

Child Protective Services

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Adam

What is CPS and what was the complaint about? Is it BOD business or personal?

AdamD (Indiana)
Posts: 42

Posted:

CPS - Child Protective Services. This agency investigates child neglect and abuse. It is to my understanding that NO board would have the authority to file a complaint with the state agency. It would fall into the real of "none of the Board's business," no?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

My question is how did they call CPS acting as the President? Did they just identify themselves as the President of the HOA when they reported? That does NOT mean they used their office position or represented the HOA in the report. It could still have been done as an individual basis. I know as President of the HOA the lines would sometimes blur according to the situation. I would NOT be representing the HOA but identify myself as President in case I would be the POC of the issue.

Typically a child abuse situation isn't the HOA's business. However, it is everyone's business to report if it is happening. Just because they said "I am President of the HOA" doesn't make it more official or representative of the HOA. It just means they would be the POC in case they wanted to contact to find witnesses.

Former HOA President

AdamD (Indiana)
Posts: 42

Posted:

Good point Melissa. I'm not sure of the answer, could only speculate. What is concerning is this: the president emailed two neighbors adjacent to the homeowner in question (who the CPS complaint was filed on) from his official HOA email stating what he has done to rectify some issues of the lot in question, explicitly stating to these homeowners that he filed an anonymous complaint with CPS. I have seen this email, so can attest to its existence and substance. My concern would be this: could the HOA be held liable for the CPS report if it turns out it was unjustified? I'm just trying to protect the entire community, and normally that is by remaining silent on issues

This one seems to stick for some reason. Your thoughts?

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Responsible for what? A false report? That happens. Find out what the policy is of CPS of a false report is before worrying about it. Don't think you go to jail or pay some kind of fine. That person may sue but considering it's anonymous that would be impossible to do without breaking some laws.

My suspicion is that they believe where there is smoke there is fire. Hence, if there were HOA violations then in-house could exist. Let's say the violation is leaving children's toys in the front yard neglected for long period of time. One could say "if the toys are neglected what about the children?". Hence, the President called anonymous to say that they noticed violations that lead them to believe CPS should investigate.

Look how many stories we hear about how a kid life ended because no one reported such things? Or how many are saved from living in bad conditions?

Former HOA President

AdamD (Indiana)
Posts: 42

Posted:

I guess I'd prefer a Board member who clearly puts on his "homeowner hat" when calling CPS and reporting an alleged incident of abuse or neglect as that does not fall into his scope of authority as an HOA Board member.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Actually it sounds like your upset about the CPS call. Something wasn't supposed to be revealed who contacted in the first place. It's the world worst kept secret at this point. Was there anything ever done?

Former HOA President

AdamD (Indiana)
Posts: 42

Posted:

I'm not sure if anything was done. I'm indifferent about the CPS call actually if the president did it as a homeowner. I just wouldn't want him acting as an HOA representative while placing that phone call... and surely not emailing homeowners about it. That's definitely a crossed line in my book, but who am I? The whole thing is most likely nothing, which is good. But if that homeowner took issue with the HOA for calling CPS on her, there could be legal action taken against the HOA. I'd prefer the HOA just play it safe by staying in its lane, but that's just my two cents.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By MelissaP1 on 10/08/2017 4:03 PM

Did they just identify themselves as the President of the HOA when they reported? That does NOT mean they used their office position or represented the HOA in the report.

Yes it does.

Otherwise there would be no reason for that identification.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Let me add that the minute you identify yourself as xyz, you are then representing xyz.

If the people you are talking to know that you are xyz and you are not speaking on their behalf, you should then make a statement to that: I am not speaking for xyz, but speaking as a homeowner.

This is the same reason military personnel may not participate in protests or acts of free speech in uniform or using their rank/rate and branch of service.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

We don't know what the conversation was. Honestly, revealing your the one who called CPS anonymously seems a bit odd. Plus in an email that may not have fallen under records release. The whole situation is missing some details that one needs to play "Devil's Advocate" on.

There are certain situations that would identify myself as President but say NOT representing as such. It was mostly in situations of services or in finding bids for the HOA. Sometimes I'd find a contractor wanted to hire individually but we had a record of hiring them via the HOA. So I would have to make sure they did not send the HOA the bill. Otherwise, you could have some very panicked owners thinking you just had work done on the HOA dime for you. When contacting our lawyer would have to also put a separation between President and I.

Former HOA President

GuyM1 (Ohio)
Posts: 318

Posted:

I'm with Tim on this! This could bring a Lawsuit for defamation against the Board and the individual. Seems this guy steeped over the line when the emails were sent out by the HOA. Why did he need to contact the other owners any way if it was anonymous? Why not send email from his own email account? Now that you know, how many others now and you put it online now. I would go to the HOA Attorney and ask these questions. Good luck

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