Removing Board Members

Started by VirginiaB5 • 9 replies • 809 views

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VirginiaB5 (California)
Posts: 6

Posted:

First of all I want to thanks those who responded to my questions. They were quite helpful. I did not mean to cause commotion using a 9 year old thread. Being new to the system I was prompted to view former topics and just found the one that pertained to my issues.

Clearly our CCR's and Bylaws are olf (1981) and our board is attempting to recover from decades old mis-management. As I said these 3.5 years as president has been a steep learning curve for me which has mostly been self educating as I have received alot of ill-advised information and am now dealing with politics.

As previously mentioned , I believe the two other board members are trying to kick me off the board for these reasons: I am constantly challenging the one board members opinions (he knows everything because he is a civil attorney), and the other board member sucumbs to his brash sytle of throwing his expertise around. He has been a bully and tries very hard to intimiate me. Our new property management firm(who bought out our contract from the former) has a "special relationship" with this attorney. NOt quite sure exactly what it is but the mutual compliments keep flying back and forth between them at meetings.

Not to bore you with all the disagreements, but I have spoken to several HOA presidents in similiar type neighborhoods (SFR $1M+)and have gotten a good handle on correct protocols et el. Bottom line I have realized that his mngt co and this attorney are tyring to run a rouge board.

Regarding revising out Bylaw,CCR's I believe they should be revised by a qualifed HOA attorney. The management owner suggests she can do them for free. ANd the attorney agrees saying the HOA attorneys will just deliver boiler plate documents and charge us $6500.

I'm not missing that these two are cohorts here, and have called them on the table.
Not withstanding, I have gone on record that I will not tolerate his bullying and bi-polar like behavior anymore. He literally barks at me, then intermittenly tells stupid jokes throught the entire meetings. Told me a few months ago when I suggested we need to treat each other with respect, that he did not have to be nice or kind to ME inparticular. And nobody said anything.

Having gone on record a week ago, I have been silenced from the board. This is why I believe they are tyring to kick me off. And why I am trying to understand our old bylaws and CCR's.

Now being in this neigborhood over 18 years, I have also of friends (many from our country club). And if/when I get some kind of notice to be off the board, I plan to either have the election of these two board members recalled (as their was no Inspector of Elections) and since they had no challengers the Mgnt Co didn't even bother to open the 25 ballots (we have 101 homes)they were elected in. Or I suppose just kicked off the board with enough homeowners signitures.
AM I approaching this correctly? BTQ....How's this for a new thread?

Virginia L Braun

RichardP13 (California)
Posts: 3,868

Posted:

Virginia,

I came to this site back in 2008 and had questions and went to the search feature to find possible answers to my dilemma. NOWHERE, though does it say, if the post you looked up is over a certain period of time you are SUPPOSED to start a new thread.

Geno, whatever respect I might have given you as a poster is gone forever. BUT, that is NO way to treat a person coming here for the first time.

RichardP13 (California)
Posts: 3,868

Posted:

I think you said you are a three person Board, which is easier to right a ship with. You only need on e additional person to have a majority vote on your Board. First, I would nullify the election or threaten the MC with Small Claims Court action. From what you stated, it wasn't done correctly.

IMO, you need someone to review your documents and give you advice on how to precede. Not difficult unless you put if off.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By RichardP13 on 06/16/2018 11:56 AM
I think you said you are a three person Board, which is easier to right a ship with. You only need on e additional person to have a majority vote on your Board. First, I would nullify the election or threaten the MC with Small Claims Court action. From what you stated, it wasn't done correctly.

IMO, you need someone to review your documents and give you advice on how to precede. Not difficult unless you put if off.

The third person goes along with the bully, that is why she wants to take it to the members.

RichardP13 (California)
Posts: 3,868

Posted:

Take what to the members? Based on what the OP stated, the election is invalid and she can start it over. If the two go against her, take it to court. It cost $60.00 to make it right.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By VirginiaB5 on 06/16/2018 11:12 AM
First of all I want to thanks those who responded to my questions. They were quite helpful. I did not mean to cause commotion using a 9 year old thread. Being new to the system I was prompted to view former topics and just found the one that pertained to my issues.

Clearly our CCR's and Bylaws are olf (1981) and our board is attempting to recover from decades old mis-management. As I said these 3.5 years as president has been a steep learning curve for me which has mostly been self educating as I have received alot of ill-advised information and am now dealing with politics.

As previously mentioned , I believe the two other board members are trying to kick me off the board for these reasons: I am constantly challenging the one board members opinions (he knows everything because he is a civil attorney), and the other board member sucumbs to his brash sytle of throwing his expertise around. He has been a bully and tries very hard to intimiate me. Our new property management firm(who bought out our contract from the former) has a "special relationship" with this attorney. NOt quite sure exactly what it is but the mutual compliments keep flying back and forth between them at meetings.

Not to bore you with all the disagreements, but I have spoken to several HOA presidents in similiar type neighborhoods (SFR $1M+)and have gotten a good handle on correct protocols et el. Bottom line I have realized that his mngt co and this attorney are tyring to run a rouge board.

Regarding revising out Bylaw,CCR's I believe they should be revised by a qualifed HOA attorney. The management owner suggests she can do them for free. ANd the attorney agrees saying the HOA attorneys will just deliver boiler plate documents and charge us $6500.

I'm not missing that these two are cohorts here, and have called them on the table.
Not withstanding, I have gone on record that I will not tolerate his bullying and bi-polar like behavior anymore. He literally barks at me, then intermittenly tells stupid jokes throught the entire meetings. Told me a few months ago when I suggested we need to treat each other with respect, that he did not have to be nice or kind to ME inparticular. And nobody said anything.

Having gone on record a week ago, I have been silenced from the board. This is why I believe they are tyring to kick me off. And why I am trying to understand our old bylaws and CCR's.

Now being in this neigborhood over 18 years, I have also of friends (many from our country club). And if/when I get some kind of notice to be off the board, I plan to either have the election of these two board members recalled (as their was no Inspector of Elections) and since they had no challengers the Mgnt Co didn't even bother to open the 25 ballots (we have 101 homes)they were elected in. Or I suppose just kicked off the board with enough homeowners signitures.
AM I approaching this correctly? BTQ....How's this for a new thread?

Were you also elected improperly along with them, or how did you come to be President?

KerryL1 (California)
Posts: 14,550

Posted:

Welcome to the forum, Virginia. IF you can get two people you can work with to join the Board, then YOU start the ball rolling to recall Mr. Attorney. BTW, how many director do you bylaws say you should have?

But recall (or court) are both complicated. First, you must read your bylaws to see how to conduct a recall. It involves MORE than just a petition in CA! I'm not familiar with recalls or small claims court and perhaps Richard can tell us what you would claim in court.

Then you must read CA state statutes to make sure your bylaws are correct. The best place to read about CA HOA laws, and they apply to all Common Interest Developments (CIDs) in CA, is at Davis-Stirling.com. This website has everything you'll ever want to know about CA HOAs (and plenty that applies generally). Scroll down the Main Menu to Elections or Recalls.

As president you probably have access to your HOA attorney. You might want to call her/him for advice about how to deal with your rogue board. Say, I'm wondering if your property manager is certified? And I also wonder what your contract with his management company says.

If Mr. Attorney is so powerful, how is it that you're president, by the way? Does your board have open meetings? How often? Invite your country club friends to attend and support you! Oh, wait, is the country club part of h your HOA? Or, not??

I agree with you that only an HOA attorney should help revise your bylaws and CC&Rs It is possible that it will cost $4-5,000.

It's OK for a new thread but longer than some here will read. Hard to follow sometimes, too. For example, I don't know what this means: "I have been silenced from the board. This is why I believe they are tyring to kick me off." Board members generally shouldn't communicate much expect AT meetings. I just don't know what "silenced from" means or what you expect form other directors between meetings.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By VirginiaB5 on 06/16/2018 11:12 AM
BTQ....How's this for a new thread?

Thank you, Virginia.

GenoS (Florida)
Posts: 4,276

Posted:

Quote:

Posted By RichardP13 on 06/16/2018 11:49 AM
Geno, whatever respect I might have given you as a poster is gone forever. BUT, that is NO way to treat a person coming here for the first time.

Whatever. My disdain was more for the other people responding to her in that ancient thread. Obviously new people have a bit of a learning curve. Like Rule 3 still seems to be a problem.

JenniferG11 (Texas)
Posts: 667

Posted:

Quote:

Posted By GenoS on 06/17/2018 4:45 PM

Posted By RichardP13 on 06/16/2018 11:49 AM
Geno, whatever respect I might have given you as a poster is gone forever. BUT, that is NO way to treat a person coming here for the first time.

Whatever. My disdain was more for the other people responding to her in that ancient thread. Obviously new people have a bit of a learning curve. Like Rule 3 still seems to be a problem.

As does the following of rule (1):

please keep it clean, helpful, positive and friendly.

(Not directed at you in particular, just a general statement)

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