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GuyM1 (Ohio)
Posts: 318
Posted:
Hi All
Well after losing the Truck parking suit the Board all are resigning. So the Board set up a Special Meeting to resign and to vote on a new Board. So this date was set and sent to all members. A few days later the President sends out a an email stating that 1 member can't make it that weekend and would it be ok to change the date to the following weekend? Well, so I replied that I couldn't make that next weekend due to me flying out the day after the first scheduled date for the meeting.In the next email to me, they said they wanted everyone there and did I check my calendar. In that email, it seemed that they were confused if I was saying which date would be good. So I emailed them back and said the first scheduled date is the one I could make and not the second. So I received another email that stated that they changed the date to the second requested date by one member. Which I replied, how can you give another member precedence over another? Their reply was that they took the majority over me not being able to make the next date. I replied you took a vote without giving me notice of a meeting to vote? They replied no vote just to the majority and thought I could call into the meeting? I replied Why can't the other member call in and leave the first scheduled meeting intact? They asked was I going to Volunteer to be on the Board? I didn't reply to that it just told me my suspicions where right that they want to keep me off the Board.The point is that it mattered that that other person had to be there but didn't matter if I was there. My belief is the Board doesn't want me to be able to go through documents that they would never give me that would show the wrongs done by this Board. They are Manipulating the meeting to have me not be able to get on the Board. I think it may be one of the board members that can't make it which will leave them short votes to keep me out. Also in the last reply from the board, it turned into two people can't make the scheduled meeting which I think it's husband and wife which still only have one vote they're just using it's two people. Funny thing is I ask why can't the other person call in just like your asking me to?
AugustinD
Posts: 5,144
Posted:
GuyM1, unfortunately I think the old board members are never going to play fair with you as long as they can get away with it. I am sorry that HOA boards often reflect the reality that one gets what one pays for. These volunteers are paid nothing. They are often incompetent. They can let their egos dominate, like grade schoolers, and ignore what is reasonable and fair.

Will the new board have a sensible majority? If so, there is always next year's election, where you might be given a chance to run a real campaign.

As some small compensation, maybe remember that you taught the old board members a lesson in court. Your actions hopefully will make things easier for the next person in your shoes at your HOA.
GuyM1 (Ohio)
Posts: 318
Posted:
Thanks Augustin
This new board will have the old board member that was on my side in the Litigation. The second person is a newer resident that also thought the board did wrong. These two are a good start to help this Association get on the right track. The third is just to keep me out and don't know if this person will do the right thing. The third spot only has three people available for that vote and one said he wouldn't run. So that leaves it to me or the other guy which is also newer to the Association and had to move out of his unit for over 8 months due to the contractor leaving a cutoff outside water bib not replaced when doing the new siding, they turned the water back on and left which flooded the first floor. This contractor did the siding on the front of my unit [no permits] didn't flash it properly and water has been coming in going on two years which is part of my new suit for all the damages from this board. I hope I won't be around next year but the new board would have two years when voted on.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Guy,

Keep in mind that holding a meeting and allowing a special election is something that the Board doesn't have to do. They could simply appoint those they desire to serve the remainder of their terms and then resign.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Guy,

Let me try and understand.

In the one of your initial threads the Board was attempting to stop you (perhaps others) from parking your truck in the driveway due to the wording of the covenants. You were fighting the issue based on the term "truck" and selective enforcement.

In a following thread you speak about the Board taking the issue to litigation. Per this thread, the judge ruled in your favor.

Now the Board is resigning and chose to hold a special election vs. simply appointing replacements (which would have been their statutory right). They set a date and then changed it. You are unable to attend the meeting on the date it was changed to.

As others have said, don't expect this board to like you or bend over backwards to accommodate you. In their eyes, you put egg on their face. Granted, thats not what really happened but that is likely how they are seeing it.

My suggestion: You won, move on.

If you really want to attend the meeting but can't, then send a proxy on your behalf (perhaps your attorney will do this for you - at a cost of course). This way, you can be represented by someone who knows what happened and can explain it to others.

Tim

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