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JoyceN1 (California)
Posts: 90
Posted:
Our Board President stole all the library books, donated by members, from both clubhouses. She stated to a woman who confronted her that she was going to replace with new books! Can this be reported to the police? I am on the board and buying new library books has never come up. She does everything without input from the rest of the board.
AugustinD
Posts: 5,144
Posted:
At a former HOA, the Board President had the HOA buy her a computer, strictly for HOA work, he said. After he was ousted, he kept the computer. The new board made inquiries about the "theft." The police said it was an internal matter -- the stuff of a civil suit -- and they would not help. The new board had the HOA attorney send demand letters. When the demand letters did not get the computer returned, the HOA filed suit. (The HOA attorney was not happy about the latter, as he felt it should not waste court time and the judge would hold it against him.) The ex-President lawyered up and filed a counter-suit, saying the HOA was not enforcing the covenants. At a hearing, the HOA attorney went against the ex-President's attorney with regard to the interpretation of a certain HOA or corporate statute. The ex-President's attorney pretty much won. The ex-President's attorney was pretty effective at running up the HOA attorney's bills. The ex-President then apparently ran out of money; his attorney quit; he sold his home; and he moved to another state. The HOA won a default judgment against him. The computer was never returned. The HOA never won any attorney's fees.
SheliaH (Indiana)
Posts: 6,964
Posted:
And your question is...?

Whenever I hear people complain about their board president doing this or that without input from the board, I start with asking why the rest of the board sits there and let's him/her get away with it. So what's going on there?

You'll have to provide specifics on the book to file a police report - what date and time did this happen, how many books, any witnesses, etc. If you can provide that information and are willing to testify, go to the police station.

But before that, talk to another board member - are they aware of this? Perhaps it was discussed in a board meeting and a motion was made and approved to authorize the president to dispose of the books. Better yet, go to a board meeting and ask questions - and let's see the president explain this in front of everyone. Make sure you have your neighbors attend as well.

If you're on the board member, read your documents - you should already know how officers acome to their positions - usually the homeowners elect the board members and the board picks officers from among themselves. If that's your situation, you will need to call for an executive session to discuss this and persuade your colleagues to make a change. Someone (not necessarily the vice president) will have to be willing to step up and take over, so take a good at the person in the mirror and decide if you're willing to do it.

Of course you probably knew someone would tell you all this, so now that it's in writing the next move is yours. Good luck!


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JoyceN1 on 10/20/2019 11:02 AM

Can this be reported to the police?

Yes.
Will the police do anything? Probably not, especially since she is an Officer and member of the board.

You would do better off to bring it up at a board meeting (I am expecting that you are on the board) and make a motion to remove her as President (you can not remove her from the board).
KerryL1 (California)
Posts: 14,550
Posted:
Joyce wrote re: the prez: "She does everything without input from the rest of the board." Why does the rest of the board allow her to do this??

Our Rules & Regs say no common area property may be removed by residents. Do yours? If so, call the prez to a hearing just like any other Owner and vote to have her cure her violation of the rules. Disciplin here just as you would any wonks who violates the rules.

How many are on the board, Joyce? why did you & the Board vote for her as president?

As Sheila & Tim point out, a board majority simply has to vote her out as president and elect a different director to replace her. This, in CA, must be in an open meeting, not executive session, but you can use secret ballots.

Btw, we have a book exchange area of probably 200 books all donated by residents. A volunteer owner keeps it in nice shape and culls books every so often and donates them. We get a very large number of donations, mainly hard cover fiction books. We all let this volunteer alone as he does a fine job.

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