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NicoleO5 (California)
Posts: 61
Posted:
Several years ago our HOA had a Board member who went rogue. I can not give details but it did go legal and it costed our HOA thousands to undo what this person did. We also found that this person was acting on their own, presenting themselves as our HOA’s legal counsel! It never happened, but the laundry list of weird stuff and rogue actions proved too much and the person walked off the board about 2 years ago. One of the owners even has him on video in the pool area where he was was baltently breaking one of our rules. He challenged the person and the interaction was videod... having a dog in the pool is again run #4 on which is listed on the gate... he seems short in his deck of cards, and constantly threatens legal actions. He is an atty who has held a millions jobs., and constantly bloats is an atty, and bullies people.

This person has reached out to the board and told us he is running for a position. Our current CCRS only prevent people from being on the board if they are arrears on dues.. which this crack pot isn’t..

Does anyone have any idea if this person gets on by default how to keep them under reign? Short of being behind in dues, there is nothing in our CCRS that allow for removal.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
How would they get on by default exactly? Who is going to vote for this person? How does your HOA vote? It seems if he's this bad, they have the reputation no one would want to vote for. So why the worry?

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By NicoleO5 on 06/13/2019 7:44 PM

This person has reached out to the board and told us he is running for a position.

Does anyone have any idea if this person gets on by default how to keep them under reign?

Most Associations only vote for Board members and the Board votes/appoints Officers.

Expecting this is the way it works within your Association, the answer is simple.
The Board should not appoint or vote the individual to any Officer position.
One vote on the Board can't change things if the rest of the board is united.

SheilaJ1 (South Carolina)
Posts: 291
Posted:
Quote:
Posted By MelissaP1 on 06/13/2019 8:27 PM
How would they get on by default exactly? Who is going to vote for this person? How does your HOA vote? It seems if he's this bad, they have the reputation no one would want to vote for. So why the worry?

If no one else runs for the open spot, they win by default or acclamation.

Like Tim said it’s only one vote, I see not other law that would keep them from running. The dual relationship that the owner always has a right to run and complain.
ND (PA)
Posts: 792
Posted:
Nothing preventing this individual from running.

It's a pretty sad state if your HOA can't find at least one other person willing to run against this individual, especially given his known track record. If nothing else, convince someone (one of your friends) to run against him and if this other person/friend truly doesn't want to be on the BOD, they can choose to do nothing but occupy the space for the duration of their term, or they can resign at some future point which may give you the option to appoint someone else or appoint nobody.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Along the lines of the prior poster. Get a well liked person to run against the individual. Assuming the well liked person gets elected, then have them resign shortly there after and let the BOD fill the vacancy.

We have such a fellow. Well liked. Well known. Gets involved with the HOA but does not want to be on the BOD. I could recruit him for this type maneuver.
SheilaJ1 (South Carolina)
Posts: 291
Posted:
Quote:
Posted By NicoleO5 on 06/13/2019 7:44 PM
Several years ago our HOA had a Board member who went rogue. I can not give details but it did go legal and it costed our HOA thousands to undo what this person did. We also found that this person was acting on their own, presenting themselves as our HOA’s legal counsel! It never happened, but the laundry list of weird stuff and rogue actions proved too much and the person walked off the board about 2 years ago. One of the owners even has him on video in the pool area where he was was baltently breaking one of our rules. He challenged the person and the interaction was videod... having a dog in the pool is again run #4 on which is listed on the gate... he seems short in his deck of cards, and constantly threatens legal actions. He is an atty who has held a millions jobs., and constantly bloats is an atty, and bullies people.

Could you describe what they did because even if one person did something, it's still up to the board with a majority vote to use the HOA legal counsel. Your wording is incorrect, your board is cleaning up their own actions, if you as a board cannot control each others actions, then it's more blame on the remaining board than the person you are blaming. There are policies in place to prevent this from happening.

What kind of legal actions do they threat? Again, it just appears to be an entire board problem that let these sort of things occur and re-occur. If your only solution is to put in a minion and then resign right after, it will just create more apathy in the community and the person that resigns or stays on as a puppet is still liable for any decisions the board makes, volunteer for the right reasons and start cleaning up your board.

NicoleO5 (California)
Posts: 61
Posted:
This person was on the board before I assumed the free seat about 6 months into his term. He was over heard multiple times including by me stating that he was the HOA's atty. Also I received multiple emails indicating he was our HOA atty!@!! The prior board NEVER signed a contract with this person. He filed a case ( on the prior boards behalf) on a vendor without having any evidence or documents and did it purely on hear say. It was clear we had nothing to support his lawsuit. NO documents, no emails nothing. While he was doing the above we as a group found out he was being employed by our then management co. We had owners reporting he was stalking individuals ( that is hear say ) and he was caught being a voyar ( proven but no cops called ). My bigger concern is his past behavior was not reeled in and he ran amuck. His actions and filings costed the HOA thousands of dollars to undo what he did by hiring a real lawyer who settled the case. But it still costed thousands to even get to settling! He threatens everyone with his "I am a lawyer" BS. Even I have emails with his stating he is an atty and that blah blah blah. This individual stormed off the board shortly after we filled several seats and things were not so easy for him do. He was told he was not the acting HOA Atty, we challenged him on a decision he was trying to pass and he walked off no notice I quit.
NicoleO5 (California)
Posts: 61
Posted:
His past actions are of huge concern with this HOA. He also keeps saying over and over something about having a psychological illness.. He is the one who keeps talking about it. He is functional, but this is a huge concern of ours.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You know they are reportable to the bar association right? The other issues are NOT HOA responsibility either. It's called the "REAL WORLD". Which means calling the police and pressing charges. If people already know most of this or seen it, they aren't going to vote for them.

Although can't say too much. Our ex-president was quite the "charmer" con-man. He was ripping off the HOA and the members personally. He was quite the scumbags and that is the ONLY "nice" thing could say about this guy. Yes, he did continue to get elected onto the board and even hold some office positions. Lucky me had to deal with it. Those who knew what he was got me elected to get rid of him. Those who were "charmed" by him were out to eat my fins. (Always a bigger fish).

So I understand your fears. It's just need someone put into the seat on the board who can put this person in check. It's not necessarily preventing them from running as much as getting someone that person don't want to deal with in office. The ex-president in my case met his match with me. I got things under control by making up procedures and enforcing the rules that effected his game. He worked without a license/insured contractor. I made a rule that ONLY licenses/insured contractors will be hired. Guess who went and got their license/insurance/business license? Made a rule 3 bids on EVERY contract. We'd accept his bid along with 2 others. Made his compete for work.

Unfortunately, you can't go around bad mouthing this person. It just makes you look bad. Even if it's the God's honest truth about this person. What you can do? Let others see what you and other see. They believe with their eyes not words. Everyone who dealt with the ex-president eventually had their eyes opened. I just nodded and welcomed them to the club...

Former HOA President

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