BOD President weaponizing the association newsletter to endorse BOD candidate, is this legal or ethical?

We have an upcoming association election with 2 BOD positions up for election. We have the 2 incumbents of these seats running for re-election and 2 challengers to these seats.

The BOD President, in my opinion weaponized the association newsletter by writing a glowing endorsement of the 2 incumbents of these BOD seats and encouraged the association members to choose wisely and vote to re-elect the 2 incumbents and failed to mention the challengers. This newsletter was printed on association letterhead and distributed using association funds.

This seems highly unethical and has certainly tainted the election process. Is this legal? What if any recourse do we have? The 2 challengers do not have the member mailing lists and have no way to rebut this other than our association chat page which many members don’t belong to.

Thanks

To add:

1. You can do a US mail mailing to people.
2. You can find members of the HOA on social media and connect with them that way.
3. You can do a "meet and greet".
4. There are other ways to connect with neighbors and get the new people elected.

Thanks for the responses, very interesting.

I would have thought it would be illegal to use association letter head, funds and resources to stump for one candidate over another.

Then bypass them. Social media and door-to-door campaigning can be more effective than a HOA newsletter anyway.

Set up your own email list.

Thanks, I should clarify. I live in Mass, but the HOA association is in New Hampshire. It is a seasonal HOA association.

Thanks to everyone, this is a great website.

Then, John, see what you can find in NH statutes.

States vary, Chad. In all CA homeowner associations, it is as I wrote above. The questions is: What about NH? The OP also should read his HOA's bylaws....just in case.

You will but who cares? Please proceed with the conference call option; there's nothing stopping you, legally.

Use an iPhone and add a speaker to it if needed.

John

In many states those running for the BOD get access to mailing lists. Names and addresses only. I would fight for this and have the candidates you favor do a direct mailing.

Also have you considered collecting Proxies?

JohnC,
One thing that needs to be considered here. It is very unlikely that many or anyone other than a few in your HOA care about this nearly as much as you do. Apathy runs rampant in HOAs and unless the existing board is caught stealing or is raising the dues a large amount HOs usually could care less.

I am one of the few that lets this stuff "Rent Space in My Head" don't be surprised or upset if you do not get the reaction you are hoping to get. It is hard to make changes in HOAs.

Question? How exactly did the president use the HOA's dime by having an article in an already provided resource? It's not like he used ad space. It was space in a newsletter which many Presidents can have a "President's corner" so to speak. Don't see any real benefit. Those people are already incumbents. The members in the HOA should already know the job those people do. So if you think the President's opinion of them is crap, then don't vote for them. Have the other people who want to run advertise their worth/interest.

Your assigning reasons people aren't posting on the facebook page. It could well be apathy or not wanting to be involved in the discussions. Again another ASSUMPTION on your part. I wouldn't post on a HOA facebook page cause think those pages can just be problematic. Even on my own Facebook page I've had people take it "off line" inappropriately. The laws get blurred once that happens.

This newsletter was published 3 weeks before the election and this is a seasonal campground and many have already left for the season. Puts the challengers in a difficult position.

As a former HOA president you really feel this is ethical? Not accusing, just curious to see your rationalization.

Thanks

I agree that pointing this out will win votes and several of us are beating this point home.

Still interested in the perspective of the former HOA president that posted. Curious why he thinks there is nothing wrong with this. It is sort of a reflection of what I am seeing in our association, the members think it is wrong, but the president is standing behind it.

Thanks again

JohnC,
As a President of 2 HOAs over the last 9 1/2 years. I find it very unethical and highly inappropriate. It seems like your HOA is on the same side and being seasonal adds another layer to this issue.

I have to admit that as a president I did continually seek out people in my HOA that I thought would be a good fit for future positions. That does not mean they think exactly like I did as that does not make for a good board. I looked for members that could fill gaps in either talent or time to volunteer which is a key part of what makes a good board member. If I had someone that I really liked for the above reasons I would certainly lobby for them with friends in the community. If anyone asked I would surely tell them my feelings about who I think is the best fit. I think this is normal as I have mentioned many pay no attention and if they asked I would tell them my opinion. Your President just decided to do it using HOA resources and he needs to be called out for it. If quorum is not reached you certainly have time for a revote.

When I was first elected to my Ca. board I uncovered some serious abuse of power and ethical issues. I sent 2 letters to the community which I paid for out of my own pocket which cost over $1,000. Typically a mailer is about a dollar a door and the list should be provided by your management company. I am not sure if you are a managed community so are you? They should keep your president in place if they are in control.

Wow. California leaves no stone unturned in their state law! Haha

Good to hear form you, Augustin.

Thanks for exact CA citation, Richard. So, JohnC73, what about NH? Anything?

Thanks, Kerry,

Still looking into NH, this is all new to me and I am happy I found this site and all the members that contribute.

I would think that if it is illegal in some states that at the very minimum it would be a red flag item to avoid.

Check your governing documents’ election procedures. If they are being violated, the election might need to be postponed. I’ve seen that happen.