President of BOD trying to attached restricted area to separate interest

I live in a Condo HOA/CID in San Diego, Ca. Back in Oct 2016, it was discovered by one Member that the President of the BOD was operating an Airbnb out of an unapproved, unpermitted room addition to his separate interest. He was originally applied for and approved to be a storage room while he was the President of the BOD. He was summarily recalled from the Board. He was later(Jan 2017) required to sign an Indemnity Agreement drawn up by the Association Lawyer that the room will only be allowed as originally approved by the Board-i.e. a storage room. Violations of the Indemnity agreement could result in the removal of the room at the Owner's expense. This was signed by the Board and the offending Member and filed with the County.
As we sit here today, the room has now been permitted by the offending Member as a 1 bdrm 1 ba. room addition. I am on the BOD. The BOD, against my suggestions, has issued two NOVs-one for the permitting and one for the returning of the structure wall to its original condition. The Member punched a hole in the structure wall so he could get his storage room permitted as a room addition. I insisted that NOVs, which were issued Jan 2018 and SDept 2018 have been largely ignored by the Member and that the BOD should proceed with hiring a company to remove the room. I have been outvoted every time. This is a clear violation of the IA and the Governing Documents of the HOA. This former Member has violated every agreement he has signed with no repercussions. I have insisted on getting the HOA Lawyer involved but that has been ignored as well.
Any legal and logical suggestions are welcomed. This story belongs on American Greed as other violations by this Member have been uncovered as well with no action by the Board.

Paul,

This is pretty entangled with legal system already - to untangle it you are going to need an attorney - if the Board won't do it, then find an attorney will to dual path this - sue the offending owner, and the BoD for not addressing it per your docs.

Paul,

You’ve expanded and restated.

Now, it’s time to act - get an attorney and start the process.

Paul,

Simply because you disagree with the process and/or cost, doesn't make anyone "corrupt."

If you can't afford and attorney and you have exhausted working with the others in your HOA, you probably are gonna be happier moving.

Paul,

You will lose any effort to combat what you feel is wrongheadedness on the part of the board members if you keep using terms like “corrupt” ...if I were on your board, and I caught you saying I was corrupt, I would consider legal action.

You would consider legal action? I would suggest giving your money to charity, it would be a better use. Actions speak louder than words. Frankly, the whole idea of suing someone for words they say is a childish act because that person has no other way to defend themselves.'
When you abuse the authority and responsibility you are granted and use them to serve your own self-interests that is the true definition of corruption. Board Directors primary fiduciary duty is to enforce the governing documents and the CCRs. Too many people run for the Board to change the Community based on their own values. That person needs to stay home.
I did not realize there was some one in the world who had not heard the words corruption and politcian in the same sentence.

Hi Kerry, thanks for the advice. Yes, I am very familiar with the Davis Stirling website and have sent in many documents from that website that were included in the Board packet. Members have attended Meetings and inquired as to the status of the issue. To add to the frustration, the Board stated it is a disciplinary matter and they were not allowed to discuss it.
My HOA Board is truly a case study of what an inept, good old boy club an HOA Board can deteriorate to. "Restrict use" is the same as "exclusive use" common area. It is part of the Common area that the Governing documents allow Members to use and are responsible for maintaining. These areas are typically right next to the Members units. But all Common area belongs to the Association and cannot be subdivided or taken by a Member and transferred to their separate interest.
There were many Members at the first meeting back in Oct 2016 when all these corrupt actions were discovered. By now, Members have become apathetic so I am the only one holding the Board accountable for their actions. So even as a Director, I see the Board play these games and frankly have a cult-like loyalty to this offending, self-centered sociopath. I may have to sue but first I am going to try to contact the insurance company and the HOA lawyer.

Paul,

You have misunderstood my point .... the world is full of people who, when they don’t get their way start calling others names ... and, accusing everyone of “corruption” simply because they have not gotten their way.

These folks are unhappy all the time ...btw, I’ve served on several boards, been an officer on all of them, and, ensured they all restricted their activities to what was legal.

Have heard the “corrupt” word thrown around quite a bit over these many years - never for corruption, and always by folks who simply don’t agree with the way others are governing their HOAs.

Maybe you aren’t like these folks. My intent is to not be offensive, but to be clear about how I would respond if, after working for free to do the right things as I see them and as they are regulated, someone called me corrupt.

If you are not willing to spend the money on an attorney than the only thing you can do is change the make up of the Board and get the new Board to make the changes you want made. It seems the majority of the Board doesn't care or isn't willing to take on the fight. Not saying it is right but you are the Board member who is not going along with the majority.

Hi Sam, it is not an unwillingness to take on the fight as the legal agreement has already been signed by the offending Member. It is an unwillingness to uphold the HOA's legal documents and CCRs. There have been legal cases where Board Directors have been sued singularly for acting in bad faith. These acts are not covered by the D&I insurance policy. What these Directors are doing is sending a message to the Membership that they disrespect the legal documents of the HOA. So now all Members can violate the CCRs without fear of penalties.

I understand but your options are limited. How about some type of civil disobedience? You said the structure is on common property. Can you and the neighbor that want the rules enforced start using the property since it is common and force the Board's hand or he can you break a different rule trying to force the Board. As I see it you have 3 options courts, changing the Board, or maybe civil disobedience. The only other thing I could think of is if your state provides some kind of oversight that you can get involved. This will probably be a long fight for you and may not be worth the struggle. Based on what you said I believe you are right but don't know if it is worth fighting.

Hi Sam, this is actually an exclusive use area so the offending Member has the right to use it. But, they do not have the right to attach it to the separate interest. This is just the tip of the iceberg of what he has done. They are numerous other violations which had not been properly addressed by this Board. I do not even want to start the story of what happened to the Member who reported his illegal Airbnb. She eventually had to sell her home and move out. Incredibly disturbing and I was the only Member who spoke for her at meetings. The whole story would make honest people sick as Iha ve told it to numerous friends who are on Boards and lawyers.
This is why I say HOAs are designed by politicians in their own corrupt image. This is what is wrong with HOAs today. All the power and money and very little accountability. Ripe for corruption and greed.

George, you may want to involve yourself in life and understand that what I am saying is happening right in your State, City and probably Community. Those who are not part of the solution are part of the problem. Don't hide your head in the sand. Or maybe you are a politician?

George, it would not surprise me if you are this violating member or a close friend of his. Nothing you say makes any sense because it is not based on any facts and is insulting rather than insightful.

Paul

You seem to want a pound of flesh by asking the room be removed as it was misused. He did have permission for a storage room so I say make him revert it back to such.

This is a piece for the history of this website.