Annual Meeting Board wants me to leave so people can say bad things about me because of my lawsuit?

GuyM1 (Ohio)
Posts: 318

Posted:

Can a Board ask a member to leave an Annual Meeting so that people can talk openly about you? The President asked me if I would leave the meeting tomorrow and I asked why? She said because people won't open up in front of you and they may say bad things about you. My Lawsuit was filed today and they haven't even seen it so how can they even talk about it and openly without me there. Can they make me leave this meeting that is at the local Library? Why does the Board need to do this before they even see the Complaint? Should I leave or stay and force them to adjourn the meeting? I don't think they should discuss this with members in this manner. Wouldn't this be a problem and give me more ammo on how they treat me?

Thanks,
Guy

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

I dunno, Melissa.

Annual meetings are for all members of the community - whether the community will talk about the lawsuit during the meeting is not the Op’s Issue.

I think if it was me, I would insist on staying and answering questions regarding the lawsuit.

Could this be the Board not wanting the open interaction.

AugustinD
Posts: 5,144

Posted:

The lawsuit is filed. Everything is out in the open. The board majority cannot legally prohibit you from attending the annual meeting. The board majority can and should exclude you from discussions it has in private (including any meetings with the HOA attorney) on this matter.

The members have a legal right to know about any litigation the HOA faces.

I think they can only adjourn the meeting via a majority vote of the members.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Concur with Augustin.

This is the annual meeting - tell everyone everything that is known.

If Board doesn’t want to allow this, I would be concerned ...

GuyM1 (Ohio)
Posts: 318

Posted:

Hi Augustin

Just to clear things a little. I resigned from being President my Lawyer didn't want the conflict. The Board hasn't even received the complaint yet. Board hasn't talked to HOA Attorney or Insurance company about suit they have no knowledge of what it says. So how can they let other members stay that are named in the suit? How can they discuss with no knowledge or Attorney being asked if this would be wise? What does the board want to talk about? Seems to me this may be a good thing for me. Think this would be very stupid of the board is they haven't talked with the Insurance companies Lawyer. Think the Insurance company may have a problem with them doing this.

Thanks,
Guy

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Completely out of your mind and why your are a "former" president.

GuyM1 (Ohio)
Posts: 318

Posted:

Hi Melissa

Sorry, but I'm not suing myself, because I won't have to pay any money out of my pocket. I'm suing for people doing me harm! F my neighbors they don't care about me and I'm moving. Board is talking about something they know nothing about yet. they can have a special meeting after they do the right things and have more knowledge.

Thanks,
Guy

JenniferG11 (Texas)
Posts: 667

Posted:

Guy, what I learned when some of us were willing to go to court over a matter was that once notice of suit is given, the board cannot talk to you anymore. Only your attorney. I think they do have the right to bar you from the meeting where they need to discuss dealing with this suit.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By GuyM1 on 06/15/2018 7:53 PM
Hi Melissa

Sorry, but I'm not suing myself, because I won't have to pay any money out of my pocket. I'm suing for people doing me harm! F my neighbors they don't care about me and I'm moving. Board is talking about something they know nothing about yet. they can have a special meeting after they do the right things and have more knowledge.

Thanks,
Guy

You're saying contradictory things. The title says they want to talk about you because of your lawsuit, then you say they don't know anything about your lawsuit.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Not exactly. It's the corporation that is being sued, not any individuals.

GuyM1 (Ohio)
Posts: 318

Posted:

Hi Jennifer

Board doesn't even have the suit yet how would they know whats in it and what to talk about? Yes, Individuals are in it. What do you think an Attorney would tell them? Talk about something they don't know yet...How

Thanks,
Guy

BenA2 (Texas)
Posts: 1,273

Posted:

They cannot make you leave the annual meeting or any other open meeting, as long as you are a member. In most states and HOA's the board is allowed to go into executive or closed session to discuss litigation. In that case, they can exclude all members, but they cannot exclude just you.

There is nothing wrong with notifying membership of a lawsuit at a membership meeting, and people have a right to make comments, but you are right, the board should not have an open discussion about the issues. That is for the board to discuss in executive session.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By GuyM1 on 06/15/2018 8:37 PM
Hi Jennifer

Board doesn't even have the suit yet how would they know whats in it and what to talk about? Yes, Individuals are in it. What do you think an Attorney would tell them? Talk about something they don't know yet...How

Thanks,
Guy

I don't know how, but that is what is in your title. That they want to talk about the lawsuit.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By GuyM1 on 06/15/2018 8:37 PM
Hi Jennifer

Board doesn't even have the suit yet how would they know whats in it and what to talk about? Yes, Individuals are in it. What do you think an Attorney would tell them? Talk about something they don't know yet...How

Thanks,
Guy

What are you suing them for?

BenA2 (Texas)
Posts: 1,273

Posted:

Quote:

Posted By JenniferG11 on 06/15/2018 8:12 PM

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Not exactly. It's the corporation that is being sued, not any individuals.

It may seem to be just semantics but the HOA corporation is the members, especially in a corporation such as an HOA. So, if you sue the association, you are suing the members, not as individuals, but as a group.

I'm not saying there is anything wrong with it. The courts are there to settle legal disputes. It should never be the first option, but sometimes there is no alternative. In some cases, even though you are technically suing your neighbors, you are protecting them at the same time by stopping an abusive board.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By AugustinD on 06/15/2018 7:16 PM
The lawsuit is filed. Everything is out in the open. The board majority cannot legally prohibit you from attending the annual meeting. The board majority can and should exclude you from discussions it has in private (including any meetings with the HOA attorney) on this matter.

The members have a legal right to know about any litigation the HOA faces.

I think they can only adjourn the meeting via a majority vote of the members.

I'm in total agreement with Augustin.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By BenA2 on 06/15/2018 9:44 PM

Posted By JenniferG11 on 06/15/2018 8:12 PM

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Not exactly. It's the corporation that is being sued, not any individuals.

It may seem to be just semantics but the HOA corporation is the members, especially in a corporation such as an HOA. So, if you sue the association, you are suing the members, not as individuals, but as a group.

I'm not saying there is anything wrong with it. The courts are there to settle legal disputes. It should never be the first option, but sometimes there is no alternative. In some cases, even though you are technically suing your neighbors, you are protecting them at the same time by stopping an abusive board.

I don't agree with phrasing it that way. We had a lawsuit, and it was due to acts of the BOD, not any members. No members' conduct was in question, only the officers of the corporation, which is a separate entity.

There are two ways most people that I have talked to mean when they say 'you are suing your neighbors', or 'suing yourself, in effect'. One is that the BOD members are your neighbors and two, all of the members/neighbors bear the financial cost of it.

All members could end up paying for both ends if the plaintiffs are able to recover attorney fees.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GuyM1 on 06/15/2018 6:23 PM
Can a Board ask a member to leave an Annual Meeting so that people can talk openly about you? The President asked me if I would leave the meeting tomorrow and I asked why? She said because people won't open up in front of you and they may say bad things about you. My Lawsuit was filed today and they haven't even seen it so how can they even talk about it and openly without me there. Can they make me leave this meeting that is at the local Library? Why does the Board need to do this before they even see the Complaint? Should I leave or stay and force them to adjourn the meeting? I don't think they should discuss this with members in this manner. Wouldn't this be a problem and give me more ammo on how they treat me?

Thanks,
Guy

NO ... ALL MEMBERS are allowed to attend the HOA public meetings ... Especially the Annual Membership Meeting ... PERIOD END!!!

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RichardP13 on 06/15/2018 7:48 PM

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Completely out of your mind and why your are a "former" president.

AMEN ... Melissa as stated to you before ... in Colorado and many other States if an OWNER WINS the lawsuit the HOA cannot assess that owner for any of the costs of the lawsuit. Therefore, they potentially are NOT suing themselves. And well ... if their neighbors sit back and allow BS to take place which might make a lawsuit necessary ... then it is THEIR BAD and they get what they reap. The BOD at a properly noticed BOD meeting can go into a private session to discuss a lawsuit against the HOA with their attorney or between themselves; however, any other meeting or parts of meeting open to the membership cannot be denied for ANY member of tthe association even if they have filed a lawsuit. Therefore, this individual can attend any of the ANNUAL MEMBERSHIP meeting open to all members without any repercussion or being singled out to leave!!!!!!!!

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By JanetB2 on 06/15/2018 11:28 PM

Posted By RichardP13 on 06/15/2018 7:48 PM

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Completely out of your mind and why your are a "former" president.

AMEN ... Melissa as stated to you before ... in Colorado and many other States if an OWNER WINS the lawsuit the HOA cannot assess that owner for any of the costs of the lawsuit. Therefore, they potentially are NOT suing themselves.

They bear the same cost as everyone. In our case, it was increased insurance premiums. About $200 per person per year that they stay up this high.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JenniferG11 on 06/15/2018 11:39 PM

Posted By JanetB2 on 06/15/2018 11:28 PM

Posted By RichardP13 on 06/15/2018 7:48 PM

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Completely out of your mind and why your are a "former" president.

AMEN ... Melissa as stated to you before ... in Colorado and many other States if an OWNER WINS the lawsuit the HOA cannot assess that owner for any of the costs of the lawsuit. Therefore, they potentially are NOT suing themselves.

They bear the same cost as everyone. In our case, it was increased insurance premiums. About $200 per person per year that they stay up this high.

Your point??? You are comparing apples to oranges ... Potentially yes if an HOA has been involved in a lawsuit and LOST then most likely the Insurance Premiums will increase and which all owner’s do pay for those premiums. However, did the owner have to pay the HOA attorney fees? Depending on what the case was in regards to ... I would contend your answer potentially is no as per your State Statutes under just one section:

(b) An owner is not liable for attorney's fees incurred by the association relating to a matter described by the notice under Section 209.006 if the attorney's fees are incurred before the conclusion of the hearing under Section 209.007 or, if the owner does not request a hearing under that section, before the date by which the owner must request a hearing. The owner's presence is not required to hold a hearing under Section 209.007.

Again ... your point?

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By JanetB2 on 06/16/2018 12:33 AM

Posted By JenniferG11 on 06/15/2018 11:39 PM

Posted By JanetB2 on 06/15/2018 11:28 PM

Posted By RichardP13 on 06/15/2018 7:48 PM

Posted By MelissaP1 on 06/15/2018 7:05 PM
Suing your HOA is suing yourself and your neighbors. You are basically suing your neighbors. They are within their rights to discuss their options on how to deal with the situation and you. The HOA will need to hire a lawyer. Which this lawyer will be representing them. I think they need to have the opportunity to discuss the situation and a solution without your presence.

Completely out of your mind and why your are a "former" president.

AMEN ... Melissa as stated to you before ... in Colorado and many other States if an OWNER WINS the lawsuit the HOA cannot assess that owner for any of the costs of the lawsuit. Therefore, they potentially are NOT suing themselves.

They bear the same cost as everyone. In our case, it was increased insurance premiums. About $200 per person per year that they stay up this high.

Your point??? You are comparing apples to oranges ... Potentially yes if an HOA has been involved in a lawsuit and LOST then most likely the Insurance Premiums will increase and which all owner’s do pay for those premiums. However, did the owner have to pay the HOA attorney fees? Depending on what the case was in regards to ... I would contend your answer potentially is no as per your State Statutes under just one section:

(b) An owner is not liable for attorney's fees incurred by the association relating to a matter described by the notice under Section 209.006 if the attorney's fees are incurred before the conclusion of the hearing under Section 209.007 or, if the owner does not request a hearing under that section, before the date by which the owner must request a hearing. The owner's presence is not required to hold a hearing under Section 209.007.

Again ... your point?

I think you misunderstood my post. The people who sued did not have to pay the COAs attorney fees. I said merely that they are paying the same portion of what we all have to bear as a result of the suit. The cost of the insurance premiums.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Which I could see and agree ... However, there would not have been said increase in the Insurance Premium if not for a potential lawsuit whereby the HOA lost ... and which is a future consequence with the insurance looking at future liability.

My point to Melissa is the actual lawsuit potentially is not a neighbor suing themself or their neighbors in many instances. In my state if the HOA potentially wins the neighbor who sued could be on the hook for both their own attorney fees AND the HOA attorney fees. Essentially if you sue ... you better make sure which side has the probability of WINNING.

GuyM1 (Ohio)
Posts: 318

Posted:

For over two years I've had water intrusion on two different walls which have mold and damaged. Those two walls the foundation is moving and has sunk and damaged my entryway and my staircase. I was going to sell the unit the summer after all this started to happen. Board just ignored my requests for repairs and even told a board member that they didn't like me and would do anything to fix the issues. That board member was removed because she was on my side. During this time the other two board members sued me for my truck being in the driveway and they lost that case because of several reasons and which one was they brought the suit illegally, no board vote. Lots more but this is the jest of it.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Jeez, Guy,

This is awful sounding - and your anger seeps through it all.

If I hated anything this much, I would cut my losses and run to somewhere I wasn't unhappy.

Just do it and save everyone the cost of feeding the blood sucking lawyers.

GuyM1 (Ohio)
Posts: 318

Posted:

Hi George

Well no one will buy the unit with all its damages and if I did I would take a heavy loss and the new owner would be in the same boat. See if the board would have fixed the issues at the beginning this wouldn't be happening. I offered them a settlement that they turned down so this is my only recourse. Buy my unit at Market value and pay $75,000 in damages for my health and living with the unit torn up for two years. I would like to see if anyone wouldn't be angry over this if it happened to them!

Thanks,
Guy

GuyM1 (Ohio)
Posts: 318

Posted:

The Board changed their minds on removing me and having an open discussion to just telling them that a suit had been filed. Things were said by a couple members which are funny they want to blame me for all their problems that were caused by the old Board that they didn't stop.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

A BOD has an obligation to inform their members of any pending legal suits. If the question is asked at any meeting, they should reply: Guy has filed a lawsuit against the association and that is all we can say about it. We will not entertain any questions concerning it.

How fellow owners react act to you is their business, not the BOD's.

While I belive your suit is just based on what you have said, if you cannot stand the heat in the kitchen then get out of the kitchen.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JohnC46 on 06/16/2018 2:40 PM
A BOD has an obligation to inform their members of any pending legal suits. If the question is asked at any meeting, they should reply: Guy has filed a lawsuit against the association and that is all we can say about it. We will not entertain any questions concerning it.

How fellow owners react act to you is their business, not the BOD's.

While I belive your suit is just based on what you have said, if you cannot stand the heat in the kitchen then get out of the kitchen.

ADDITION

Were I suing my association, I would have nothing to do with them. I would stay away from each and every owner. Do not step on your own toes as you seem to have done so far. Let it be settled in court.

GuyM1 (Ohio)
Posts: 318

Posted:

Thanks, John good advice and a few others have said the same thing and to stop caring what they think.

Guy

SheliaH (Indiana)
Posts: 6,964

Posted:

This is precisely what I’ve been concerned about since you said you had a conflict with the previous board and then wound up on the board itself. Nearly every question you’ve had on this board ends up circling back to that lawsuit and I personally think it’s taking over everything else related to the association. This isn’t to say everything is your fault but how can you be an effective board member when everyone knows you’re also suing the association?

I think homeowners may already know more than you think – they might not know a lawsuit is on its way, but may suspect it’s coming. If you win, the association has to pay damages and ultimately that comes out of the pockets of the homeowners – they might be angrier at you than the former board (some may say if he’s so upset with the former board members, why didn’t he just sue THEM instead of the association???)

Yes, you do have a right to be at the meeting, but it may be the president wants to avoid it dissolving into a fight as to who’s on Guy’s side and who isn’t, whether the association should or shouldn’t pay for the damages, why is he on the board and suing the association at the same time, etc., etc. With all of that going on, when do you get to the board elections, treasurer’s report and the usual stuff that goes on at HOA annual meetings?

And do you want to subject yourself to a large brouhaha where people say things about you (true or not, personal or not) That’s where I think John is coming from and I would agree with him. You need to decide what you want to do – step away and concentrate on your lawsuit without worrying about the board at all or ask your attorney to negotiate some sort of settlement – maybe it would be best to split the repair costs 50/50 and then you can decide if you want to keep your home or not. At this point, I would sell because I fear you’re looking at a lose/lose situation in the long run.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By SheliaH on 06/16/2018 4:44 PM
This is precisely what I’ve been concerned about since you said you had a conflict with the previous board and then wound up on the board itself. Nearly every question you’ve had on this board ends up circling back to that lawsuit and I personally think it’s taking over everything else related to the association. This isn’t to say everything is your fault but how can you be an effective board member when everyone knows you’re also suing the association?

I think homeowners may already know more than you think – they might not know a lawsuit is on its way, but may suspect it’s coming. If you win, the association has to pay damages and ultimately that comes out of the pockets of the homeowners – they might be angrier at you than the former board (some may say if he’s so upset with the former board members, why didn’t he just sue THEM instead of the association???)

Yes, you do have a right to be at the meeting, but it may be the president wants to avoid it dissolving into a fight as to who’s on Guy’s side and who isn’t, whether the association should or shouldn’t pay for the damages, why is he on the board and suing the association at the same time, etc., etc. With all of that going on, when do you get to the board elections, treasurer’s report and the usual stuff that goes on at HOA annual meetings?

And do you want to subject yourself to a large brouhaha where people say things about you (true or not, personal or not) That’s where I think John is coming from and I would agree with him. You need to decide what you want to do – step away and concentrate on your lawsuit without worrying about the board at all or ask your attorney to negotiate some sort of settlement – maybe it would be best to split the repair costs 50/50 and then you can decide if you want to keep your home or not. At this point, I would sell because I fear you’re looking at a lose/lose situation in the long run.

He resigned due to the conflict. I'm not even sure the board should say 'Guy is suing us'. If they don't want a scene at the meeting, they should avoid the topic except for the legal minimum or maximum they are required/permitted by law TO say to *members* regarding pending legislation.

GuyM1 (Ohio)
Posts: 318

Posted:

Hi Sheila
Here is what I told everyone above. As you can see I resigned and no longer President. They voted a new one in today and they didn't have me leave and they just told the members there was a suit filed.

GuyM1
(Ohio)

Posts:252

06/16/2018 3:43 AM Quote Reply
Hi Augustin

Just to clear things a little. I resigned from being President my Lawyer didn't want the conflict. The Board hasn't even received the complaint yet. Board hasn't talked to HOA Attorney or Insurance company about suit they have no knowledge of what it says. So how can they let other members stay that are named in the suit? How can they discuss with no knowledge or Attorney being asked if this would be wise? What does the board want to talk about? Seems to me this may be a good thing for me. Think this would be very stupid of the board is they haven't talked with the Insurance companies Lawyer. Think the Insurance company may have a problem with them doing this.

Thanks,
Guy

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By JenniferG11 on 06/16/2018 4:51 PM

Posted By SheliaH on 06/16/2018 4:44 PM
This is precisely what I’ve been concerned about since you said you had a conflict with the previous board and then wound up on the board itself. Nearly every question you’ve had on this board ends up circling back to that lawsuit and I personally think it’s taking over everything else related to the association. This isn’t to say everything is your fault but how can you be an effective board member when everyone knows you’re also suing the association?

I think homeowners may already know more than you think – they might not know a lawsuit is on its way, but may suspect it’s coming. If you win, the association has to pay damages and ultimately that comes out of the pockets of the homeowners – they might be angrier at you than the former board (some may say if he’s so upset with the former board members, why didn’t he just sue THEM instead of the association???)

Yes, you do have a right to be at the meeting, but it may be the president wants to avoid it dissolving into a fight as to who’s on Guy’s side and who isn’t, whether the association should or shouldn’t pay for the damages, why is he on the board and suing the association at the same time, etc., etc. With all of that going on, when do you get to the board elections, treasurer’s report and the usual stuff that goes on at HOA annual meetings?

And do you want to subject yourself to a large brouhaha where people say things about you (true or not, personal or not) That’s where I think John is coming from and I would agree with him. You need to decide what you want to do – step away and concentrate on your lawsuit without worrying about the board at all or ask your attorney to negotiate some sort of settlement – maybe it would be best to split the repair costs 50/50 and then you can decide if you want to keep your home or not. At this point, I would sell because I fear you’re looking at a lose/lose situation in the long run.

He resigned due to the conflict. I'm not even sure the board should say 'Guy is suing us'. If they don't want a scene at the meeting, they should avoid the topic except for the legal minimum or maximum they are required/permitted by law TO say to *members* regarding pending legislation.

Jennifer

Notice I said if..if..if...asked the BOD should not stonewall nor lie. If asked..if...if..they should answer.

AugustinD
Posts: 5,144

Posted:

I think I probably told Guy he should get on the board to help improve things in his 9-member HOA. I give him credit for stepping up. But now that he has filed suit against the HOA, he is in a terrible situation. I regret advising him to run. On the other hand, who else at his HOA is willing to serve? I do not see resolution for any of the sides here happening anytime soon. Though time does help heal.

MattT3 (Georgia)
Posts: 12

Posted:

Wow Guy,
I can't imagine what has taken place that made you decide to sue the HOA. But regarding your OP, I would say you can't be forced out of a General meeting. However, if the HOA has a separate meeting to discuss the law suit they absolutely can exclude you.
With that said, I think you'd be a fool to attend any meeting at this point if you intend on winning your lawsuit. I don't mean to be harsh, but in a day with cameras in everyone's pocket to record every word that comes out of your mouth, one slip up...one wrong statement...anything you say can be used against you by the HOA's attorney. And I'm just guessing here because you haven't revealed what happened, but there's got to be a lot of emotion attached to this for you to be suing your HOA. When emotions run high, people tend to say things they don't mean and don't think through before saying them. I say this as someone formerly in law enforcement, there are people out there who are very talented at getting you to say exactly what you shouldn't by poking you just the right way. If there's any current or former cop/detective/attorney/judge/etc in your community you might be entering the lions den thinking its an HOA meeting.

Be careful

GuyM1 (Ohio)
Posts: 318

Posted:

Hi Matt

First off Thanks. Look back at some of my other posts and you'll see what has happened. Living in Mold and damaged walls, doors, flooring, and sunken foundation just to name some of the things I have lived with this for over two years because the x-president did not like me. He also took me to court over my pickup being parked in the driveway that he had a pickup the year before that he parked in the driveway. That suit wasted over a year of my life. Wanted to sell when the first occurrence happened and couldn't sell and then more damage happened which just kept snowballing. Finally things have changed after his resignation and basically, the whole board was resigning and they were told one had to stay. This has caused physical and financial problems for me. Funny thing you say about recording because the x-president through a fit when I started to record a meeting so I ended up recording the meeting on my phone. Just this last meeting I keep my mouth shut and listened to the x-presidents wife degrade me and try to get everyone to back her, one did but soon realized she was talking out of her a$$.

Thanks,
Guy

MattT3 (Georgia)
Posts: 12

Posted:

Quote:

Posted By GuyM1 on 06/21/2018 6:41 AM
Hi Matt

First off Thanks. Look back at some of my other posts and you'll see what has happened. Living in Mold and damaged walls, doors, flooring, and sunken foundation just to name some of the things I have lived with this for over two years because the x-president did not like me. He also took me to court over my pickup being parked in the driveway that he had a pickup the year before that he parked in the driveway. That suit wasted over a year of my life. Wanted to sell when the first occurrence happened and couldn't sell and then more damage happened which just kept snowballing. Finally things have changed after his resignation and basically, the whole board was resigning and they were told one had to stay. This has caused physical and financial problems for me. Funny thing you say about recording because the x-president through a fit when I started to record a meeting so I ended up recording the meeting on my phone. Just this last meeting I keep my mouth shut and listened to the x-presidents wife degrade me and try to get everyone to back her, one did but soon realized she was talking out of her a$$.

Thanks,
Guy

Guy, that sounds awful. I think all the more reason to stay away from those meetings so you don't get tricked into saying something you could regret. Many exceptionally smart people have been coerced into saying something they shouldn't have that destroyed their case/defense.

Matt

SheilaJ1 (South Carolina)
Posts: 291

Posted:

I say do the opposite, stay for this exact reason, Guy can use the recorded meetings for his court cases.

They can't make you leave, not even in a board meeting unless the board is so crazy as to find any excuse stating you are disruptive so stay quiet, listen and only speak when needed. Even if people are stating completely unreasonable things, record it, and use it in court.