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SueK2 (California)
Posts: 10
Posted:
I moved here 4 years ago because i'v been visiting my grama since the 90's. i thought peaceful neighborhood. Well the first board meeting was a big fight and they removed the board. It has been peyton place ever since. One woman that was relieved of her duties 4 years ago came to every meeting and was a real pain. She wrote 3 page letters every month that I was on the board insulting people and complaining about thing that happened years ago, and handed them out to everybody. We had excellent people who were trying to get things in shape since it had been neglected for a couple decades. The president sold their house. We voted on a new president but the only one running was IvaDestruction (the lady that was kicked off the board 4 years ago). She is president This months meeting was a big fight and everyone quit but her. She changed the lock on the pool and will not give anyone a key. she won't answer the phone. There are only 25 houses that belong to our association. What should we do? and how long do we have to do it?

Thank you
WayneN (Florida)
Posts: 35
Posted:
Contact a lawyer
SueW6 (Michigan)
Posts: 814
Posted:
Read the bylaws. Your board must have a minimum number of members. (It can't be a one-woman show.)

The president must appoint a minimum number of board members to conduct business.

If she does not, then get a lawyer or complain to the state board of corporate regulations.

CathyA3 (Ohio)
Posts: 6,299
Posted:
Read your bylaws to understand how to hold a recall election. Then talk to your neighbors to get some like minded people on board (and on the Board). If you can't find any, then your real problem is homeowner apathy and there isn't a legal solution to that. You'll have to decide if you're willing to live in the community if nothing changes.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
"Well the first board meeting was a big fight and they removed the board" - not sure who "they" is ... HOA membership elects the Board (the Board elects officers), only at a special meeting can Board members be removed (unless there are provisions in the Bylaws for them not attending meetings)

"One woman that was relieved of her duties 4 years ago came to every meeting and was a real pain" - are you talking about Board meetings? Owners can always attend in most states, however, the Board does not have to grant them but minimal time to speak.

"She wrote 3 page letters every month that I was on the board insulting people and complaining about thing that happened years ago, and handed them out to everybody" - not relevant unless she is legally slandering someone

"The president sold their house" - this means the President was a Board member, right? If so, they are no longer on the Board as they are no longer property owners.

"We voted on a new president but the only one running was IvaDestruction (the lady that was kicked off the board 4 years ago)" - was Iva on the Board? If so, who would vote for her? It sounds like she wasn't on the Board, so how can she be elected President by the Board?

The remainder of the comments relate to activity that needs to be addressed by the Board in whatever fashion is called for by your Bylaws.

You probably need to provide more information for us to understand the circumstances better.
KerryL1 (California)
Posts: 14,550
Posted:
Hard to follow you, SueK. But, as George wrote, only the board elects a president and usually the bylaws require that the president be a director.

Was an HOA election held and Iva was elected as a director by owners??

So...are you also saying that you & the other directors voted Iva in as president?

As most others have insisted: read your bylaws! How many directors is your HOA supposed to have?

How did Iva get the authority to have the lock's changed on the pool gate? So far as i know, no individual can withhold the common areas from members (owners) in good standing. All of your dues pay for the pool & its upkeep. But enforcement might a take an attorney.

On the other hand, why don't several of you get a locksmith and change the locks back?? I'm sure someone else has a better idea, though.

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