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LaskaS (Texas)
Posts: 1,025
Posted:
hello.

As the ongoing drama continues. The president of the board called a meeting ,,there was due notice, he stated the purpose of the meeting was to discuss a board members who was taking too much time of the manager ..etc..
He provided no proof.

on the day of the meeting,one hour before the meeting he send a legal documents proposal for a resolution of the board of directors.

When i protested that the resolution of the board document was sent to the board one hour before the meeting. He said. that a written resolution of the board is the same thing as the original notification which was to discuss certain behavior.

Is it legal in texas for a duly called meeting of the board with 5 days notice, which specificed to discuss a certain board members interactions , for the president to then submit a resolution of the board which is specific diciplinary actions that will be taken.

The resolution itself actually just says, no board member can direct any employee on their own without board approval..
that's fine.. that's already the law. So it's kinda dumb and a waste of time.

I purposely did not call in to the meeting, I stated my objection before the meeting was to start regarding the surprise last minute adding a formal resolution of the board with a vote etc to the agenda.??
GeorgeS21 (Florida)
Posts: 3,808
Posted:
So, even with the additional comms stress from C19, you (petulantly) didn’t call in order to express your personal displeasure, even though you agree with the resolution?
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By GeorgeS21 on 04/22/2020 5:50 PM
So, even with the additional comms stress from C19, you (petulantly) didn’t call in order to express your personal displeasure, even though you agree with the resolution?

Well said!
KerryL1 (California)
Posts: 14,550
Posted:
Why was this matter not on a regular open meeting agenda instead of a phone meeting???

Since using the phone seems to take action without a meeting, does that require unanimous approval of the motion?

By "legal" document, do you mean an attorney wrote the resolution?

Is it possible that the director who's allegedly taking too much of the manager's time is you?
SueW6 (Michigan)
Posts: 814
Posted:
You should have “attended” the meeting, and heard the discussion. As soon as the resolution was made you could have called a “point of order.”

You were right: The motion should have been stated in the notice of the meeting.
LaskaS (Texas)
Posts: 1,025
Posted:
sue,, thank you.

the president called the special meeting of the board with a vague description of agenda.. specifically, to discuss laska's taking up too much time of the property manager. (i couldn't make this up if i wanted to)
today,, one hour before the sceduled meeting,the president sends an email with an attached proposal to resolution of the board.. and said, please be prepared to discuss and vote.

I immediately responded that the agenda for the meeting stated was clearly listed as discuss.... . it did not anywhere indicate any formal legal documents were to be presented, discussed or voted on.

Anyway,, It was a call in meeting. this was not a real meeting to discuss an issue,, this was just a power play on Mr. X's part.. however.. i knew it was illegal.. every board member has a right to knwo what is going to be discussed and to do due diligence and if necessary get outside advise on what is on the agenda..

LaskaS (Texas)
Posts: 1,025
Posted:
george,, no,, i didn't agree with the resolution. I also didn't agree with lack of required notification of the resolution.

The resolution in and of itself is not going to hold up to any scrutiny. However. more importantly,, I'm sick and fricking tired of the board ignoring the legal requirements of board governence as long as it's something that they support.
LaskaS (Texas)
Posts: 1,025
Posted:
goerge,,

what is comms stress c19?
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Laska,

I’ve read so many of your posts - I think you should consider bowing out of your role as director.

In my opinion, you are not going to be able to help your community.
LaskaS (Texas)
Posts: 1,025
Posted:
kerry,,

yes absolutely,, the person the president is trying to reprimand is me.

however. what the president didn't tell the board was how much the new property thanked me and appreciated how i had helped her when she was working from home.

In addition. the president did not actually have the property manager address the board..

I called into the meeting, I didn't partipate . And none of the other board realized I had logged in.. ..

I just wanted to make sure the meeting was being recorded by the app..

the meeting was stupid. Had i actually partipated , i would have objected and refused to allow any kind of vote when the item was not on the agenda. I do not have the majority here. I would have been outvoted. So i chose not to play their game.

I made sure an made my objection in written email to the presidents prior email sending the proposal for resolution of the board.
SueW6 (Michigan)
Posts: 814
Posted:
So the resolution passed?
LaskaS (Texas)
Posts: 1,025
Posted:
the resolution passed, but the introduction of the resolution did not follow state of texas notification requirements regarding non profit hoa board.
LaskaS (Texas)
Posts: 1,025
Posted:
I also though resolutions of the board of directors were supposed to be pretty substantial issues .. this is basically a regurgitation of exisiting rules and regulations with the added comment that the board can send a cease and desist and then can hand it over to the attorney..

however.. They did not specify what "it" is..

Like I said, It's totally illegal to have even done this. I'm more concerned about the willful disregard of the legal requirements that govern our board regarding meetings. agendas, notifications. etc.
LaskaS (Texas)
Posts: 1,025
Posted:
george,, ..

what would you say if I told you that dozens and dozens of owners thank me regularly.

For continueing to stand up for resident rights.

remember.. of 7 board members. for a long time I was the only resident board member.. Now we have another resident who attends about 50% of the meetings.

What i;m saying is.. My goal is not to go along to get along with the board of the hoa. My goal is to insist that checks and balances are put in place AND FOLLOWED.

The bylaws are so vague. They are outdated. I'm not asking for anything that is outside of the norm. All i'm asking is for is accountability.!. A clear system of record keeping and work orders so that at any time, an owner or an auditor can look back and see who did what when ..

I want preventive maintenance processes put in place,, not just putting out fires.

I agree, I am not helpful to the current board who wants to meet remotely once a month by phone and get it over with.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
So how does it feel to be the hero and savior to all your other members who don't care to participate?

Former HOA President
LaskaS (Texas)
Posts: 1,025
Posted:
melissap1.

you know, you have a point. ...

however,,i'm not looking to be anybody's hero or savior.,,

I just want trying to include info that i often don't include in my posts.

I do in fact get a lot of support from owners that are residents.

I think i'm just going to ignore what happened today,, The property is finally looking really nice.. the landscaping is finally getting completed.. not just patched.. The buildings and common areas are being cleaned and on schedule. we have a new manager.. the president no long has authority to handle and approve or delay day to day maintenance.

GeorgeS21 (Florida)
Posts: 3,808
Posted:
But, yet, “ I purposely did not call in to the meeting, I stated my objection before the meeting was to start regarding the surprise last minute adding a formal resolution of the board with a vote etc to the agenda.?? ”
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By LaskaS on 04/22/2020 5:10 PM

I purposely did not call in to the meeting, I stated my objection before the meeting was to start regarding the surprise last minute adding a formal resolution of the board with a vote etc to the agenda.??
Quote:
Posted By LaskaS on 04/22/2020 7:15 PM
I called into the meeting, I didn't partipate . And none of the other board realized I had logged in.. ..
I think this eavesdropping is a violation of Texas Penal Code 16.02 and Texas Civil Practice and Remedies Code 123.002. See https://statutes.capitol.texas.gov/Docs/PE/htm/PE.16.htm and https://statutes.capitol.texas.gov/Docs/CP/htm/CP.123.htm .
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I just don't know that Laska is getting the concept of working with the Board - fixing and repairing as possible - towards a common goal. And, if this is not possible, then working with the community to elect more suitable Board members.

Instead - I hear and feel constant ankle biting - perhaps from a well meaning ankle biter, but still ankle biting that is destructive to the Board's ability to do its job.

I am trying to NOT be judgmental, but it is really hard to read through the constant griping and whining and not think "ankle biter."
AugustinD
Posts: 5,144
Posted:
I do not know if it is ankle biting or, maybe more accurately, valid points that are seen as ankle biting by the rest of the board.

The one thing that does seem clear is that LaskaS is winding people up, and on a board where she is in the minority (for whatever reason). It's not a winnable situation. She says progress has been made. But then four or so threads within a day are begun here. They do read like she cannot accept the reality of the situation.

I do feel eavesdropping is not cool and may be legally hazardous. If one is asking others to follow the rules, then one had better be squeaky clean in one's own compliance.
LaskaS (Texas)
Posts: 1,025
Posted:
i wasn't eavesdropping,, it was a confernece call that all board members were provided call in numbers. the meeting had already started..

augustine,
thank you for acknowledging that not all complaints are ankle biting.

if you can believe it ,, today the president called me , and seemed to offer an olive branch. I think we all are all tired.. he acknowledged I had brought up valid concerns regarding the special meeting and he we are going to meet with one other board member to try and come to a resolution.

LaskaS (Texas)
Posts: 1,025
Posted:
I apologize for making multiple posts in one day. I guess you all don't realize how helpful this board has been.

Over the past two years, I've made several posts. So much has happened. It's comical really. And a nightmare. But at the end of the day, we did stop certain bankruptcy.. we did completely reverse the course of several lawsuits. We are about to enter court ordered arbitration with a contractor that severely overcharged us.. We should get back a significant amount of money.
I was able to finally get the board to move on from completely incompetent former property manager .

The current board now by and large follows the bylaws.. and instead of ignoring complaints when they weren't following the bylaws.. Now ,,the board does understand the importance of following the bylaws.

previous boards didn't even bother knowing the bylaws or declaration.. They would come to an opinion and then any objections were dismissed or threatened with a legal letter from the attorney.
As soon as we got on the board.. I spearheaded the board move to change hoa attorneys. !

anyway. again. i guess, I was posting too much. I will refrain.
SueW6 (Michigan)
Posts: 814
Posted:
Was there a complaint from the landscaping company or MC that one board member was “ taking too much of their time”?

If so, the president should have had a private discussion with that person, issued a warning, and continued on.

But - you are right about the proper noticing concerning a motion.

Now let it go and continue on.
AugustinD
Posts: 5,144
Posted:
You're more gracious than I am, LaskaS. Reading that the HOA president reached out to you is good.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
That may be good - frankly, from what I have read, Laska, you may be simply burning so much of the Board's time that they are now trying everything possible.

Please continue to think about the big picture, working with the other Board members while you get your points across and correct those things that ALL or MOST of you see as issues.

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