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BrettH3 (South Carolina)
Posts: 47
Posted:
We have a homeowner who got reported for having an RV in his driveway. He was ordered to have it removed within 24 hours but he states it will be there 10 days. The President isn’t enforcing the fine. Now the homeowner wants me “thrown off the board stating I have a personal vendetta against him” because the HOA manager told him I reported him. I didn’t report his political sign, but the RVis large and I personally received two complaints. He wants to demand a vote at our next meeting for my recall. I indend to go door to door and get proxy votes from neighbors who want to keep me on. What do you suggest?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
What do your bylaws say?

Most would allow a recall without a reason by some percentage ...
KerryL1 (California)
Posts: 14,550
Posted:
How is a recall done according to your bylaws, Brett? The method you wrote probably isn't valid. There's
usually a strict procedure or step by step process that must be followed to the letter. You need to look into it since you're the one who'd be affected.

But there are a couple of knowledgeable posters from SC here who might be able to help.

I agree with George, though, that no reason is needed.

As an aside, what size is your HOA?
BrettH3 (South Carolina)
Posts: 47
Posted:
175 homes
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Well then it sounds like it's up to that owner to get the support needed to throw you off the board. Do you think they will get the majority vote they need? Is there any reason why you can't simply state that you were enforcing the rule of No Rv's? Are fines even enforceable in your HOA? How is it enforced if they are? Is there a timeline?

I wouldn't worry about it much. Let them do the work if they want you off. I don't believe a word someone threatens till I see it in writing. That includes lawsuits...

Former HOA President
BenA2 (Texas)
Posts: 1,273
Posted:
From an ethical standpoint, I would have an issue with a board member holding proxies voting for themselves. I think that is clearly a conflict of interest. I would encourage them to give the proxy to someone else or vote absentee or in person.
KerryL1 (California)
Posts: 14,550
Posted:
I still maintain that Brett needs to learn the correct legal way to do recalls in his HOA or in SC before he worries about anything
TimB4 (Tennessee)
Posts: 21,059
Posted:
Ben,

If I'm running I'm going to vote for myself.
If someone wants to name me their proxy representative and allow me to vote how I think is best (vs. a directed proxy telling me how to vote), I'm casting those votes for me.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Brett,

Go ahead, knock on doors and tell your story.
Gather proxies if they will not be attending the meeting.

As others have said, you also need to review the requirements for a recall (if that is what is happening).
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By TimB4 on 05/28/2018 4:51 PM
Ben,

If I'm running I'm going to vote for myself.
If someone wants to name me their proxy representative and allow me to vote how I think is best (vs. a directed proxy telling me how to vote), I'm casting those votes for me.

Ethics is often a personal thing. It's usually not codified and most HOAs don't have a code of ethics for board members. I think there is at conflict, but that's just my opinion.

I don't think there is any conflict if you are casting your vote as a member/owner since, in that capacity, you have no duty to the association as a whole.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Brett,

Demand a vote at the next meeting. . .

Do you mean at the next board meeting or the next general membership meeting?

How does the board feel?
Are they in favor of having you off the board or not?
BrettH3 (South Carolina)
Posts: 47
Posted:
No! They know the homeowner is a loudmouth and a bully. He acts up at almost every meeting. They want me on.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Then the Board can simply say no unless they receive a petition for a special membership meeting as outlined in the Bylaws.
They should then explain the procedure for a recall to the individual.

The Board should also explain that you might have been the person who brought it to the attention of the MC. However, that was after you received several complaints from members (no, you don't have to name them) who contacted you because you were a Director.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Brett,

I didn't see where you noted what the Bylaws say ... do you have the Bylaws for the community?

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