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PaulJ6
Posts: 990
Posted:
The board of the HOA that I've written about before recently had a meeting, held as a videoconference. The board meeting was recorded (both audio and video).

The recording shows the board president listing off the names of numerous owners, each accompanied with the board president shouting things such as:

"I'm going to get him!"

"That f_ing #*&#!"

"That piece of #(#*"

Etc.

Why shouldn't the recording be emailed to the whole HOA?
MarkW18
Posts: 1,290
Posted:
Should like a Board meeting I would conduct.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By MarkW18 on 05/15/2020 12:22 PM
Should like a Board meeting I would conduct.

Sounds like a Board meeting I would conduct.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 05/15/2020 12:13 PM
Why shouldn't the recording be emailed to the whole HOA?
If this was not an executive session and no confidential information is on the recording, I see (a) no legal reason not to share it with all owners and (b) a few reasons to go ahead and share it with owners. This sounds like the kind of person who would retaliate. I think you should not hesitate to create an anonymous email address and share the video, without comment, with owners.
SheliaH (Indiana)
Posts: 6,964
Posted:
You probably don't have to - I'm sure by now everyone's heard about this and for all you know, they've already distributed scenes from the president's meltdown. Which then leads to the question - what do you hope to accomplish? If you want the president to resign, you could write a strongly worded letter to all the board members and copy the other homeowners on it, and then see what happens.

A responsible board would call an executive session and issue a strong censure, and then send a letter to all the homeowners apologizing for the unruly behavior. Even better, compel the president to write a letter of apology. If this isn't the first time the man's crunked out, requesting his resignation would also be appropriate. If he refuses, advise the community an executive session was held, Mr. X was asked to resign, he refused, so the board relieved him of his office and has appointed Mrs. M to serve as board president.

And now, you know what I'm about to say next - you've written about this board before - is this the HOA you're leaving or the new one? If it's the soon to be former, I would think you'd focus on moving out (or did you change your mind? Maybe COVID19 put the brakes on that plan?) You're the one that's gone on and on about how inept these people on, your last conversation was about the property manager (it's clear you two don't like each other) and now this. I also recall you're asking on another conversation about not getting involved with the HOA of your soon to be new community.

Why do I get the feeling you were one of the homeowners called out of his name and now you're really ticked and want him to pay? How long are you going to let these people mess with your mind - if you're still moving out, concentrate on that and move on.

Karma - no need for revenge. Just sit back and wait - those who hurt you eventually screw themselves. And if you're lucky, God will let you watch

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Was the recording of an executive session, Paul?

If not and a regular board meeting instead, was it open to members (owners)? I think NY isn't required to have open meetings.

How did you happen to hear or possess this recording, Paul?
KerryL1 (California)
Posts: 14,550
Posted:
Was the recording of an executive session, Paul?

If not and a regular board meeting instead, was it open to members (owners)? I think NY isn't required to have open meetings.

How did you happen to hear or possess this recording, Paul?

You're leaving this HOA, right? Are you selling, or keeping as an investment?
PaulJ6
Posts: 990
Posted:
Quote:
Posted By KerryL1 on 05/15/2020 1:59 PM
Was the recording of an executive session, Paul?

If not and a regular board meeting instead, was it open to members (owners)? I think NY isn't required to have open meetings.

How did you happen to hear or possess this recording, Paul?

This is the HOA that I am leaving.

One board member showed the recording to a few people.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Furget about it! LOL!

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
So, Paul, was it an executive session? If so, no one except the other directors were there, right? And the PM?

Or a closed regular board meeting?

I read Sheila's reply and agree
PaulJ6
Posts: 990
Posted:
Quote:
Posted By KerryL1 on 05/15/2020 4:30 PM
So, Paul, was it an executive session? If so, no one except the other directors were there, right? And the PM?

Or a closed regular board meeting?

I read Sheila's reply and agree

Kerry, I don't know if it was an executive session, Kerry. Kerry, owners aren't informed of board meetings, Kerry, and so, Kerry, it was probably just a regular board meeting, Kerry. Kerry, does that answer your question, Kerry?
TimB4 (Tennessee)
Posts: 21,060
Posted:
I disagree with Shelia.

A responsible board would have shut the individual down after the first or second comment.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By TimB4 on 05/15/2020 7:33 PM
I disagree with Shelia.

A responsible board would have shut the individual down after the first or second comment.

Thanks. Agreed.

I was NOT one of the persons called out by the president, but a very nice neighbor was called a “fu-k-ng c-nt”, which is beyond the pale.
SueW6 (Michigan)
Posts: 814
Posted:
The board can remove the president from his officer position at any time. ( but not off the board - that’s a Membership duty)

So apparently the board is OK with this kind of leadership at its helm.
KerryL1 (California)
Posts: 14,550
Posted:
By agreeing with Sheila, I was referring to her advice to Paul to move on. He is leaving this HOA. Sheila does say the Board should at the least censure the prez.

Paul replied that it was either a regular board meeting or an executive session --either way, closed to owners. The president's behavior is inexcusable. And also since no wonks were in attendance, this board must believe the prez and maybe they, too, can speak very frankly even if crudely.

If Paul wants to leave behind the ugliness of this tape for all Owners to hear, I suppose he can. He also would place whoever gave this tape to him--a freind, I guess-- in a lot of peril for revealing closed meeting information.

AugustinD
Posts: 5,144
Posted:
Redact the video to include only the non-confidential, vulgar commentary. Post on youtube anonymously. Send email anonymously to all members, directors and the manager.
KerryL1 (California)
Posts: 14,550
Posted:
Your suggestion looks good, Augustin, but still lets the prez know that A board member shared a confidential meeting tape with the members. There probably would be a pretty good chance this board can guess who it is. That puts Paul's friend in danger of being silenced, ignored, etc., i.e, treated the a way we too often see on this forum. But maybe Paul doesn't care since he's moving out of this HOA?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By KerryL1 on 05/16/2020 11:58 AM
Your suggestion looks good, Augustin, but still lets the prez know that A board member shared a confidential meeting tape with the members. There probably would be a pretty good chance this board can guess who it is. That puts Paul's friend in danger of being silenced, ignored, etc., i.e, treated the a way we too often see on this forum. But maybe Paul doesn't care since he's moving out of this HOA?
Right. Get the permission of the person who made the recording.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Holding onto anger is like drinking poison and hoping the other person will die.
AugustinD
Posts: 5,144
Posted:
Failing to oppose bullying and toxicity, in a calm constructive way, generally translates to more bullying and toxicity.

I figure it's an ethical choice: Serve the community or serve strictly one's self.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Set them up, then fry them with the video - life us too short to allow this.

Let the audience sort it out.
KerryL1 (California)
Posts: 14,550
Posted:
Paul's board member friend who shared the recording with Paul could be in a lot of trouble if this was an executive session meeting and confidential. Paul's friend could be censured or worse.

And since even board meetings are closed to owners, are they considered confidential in NY too? Are the minutes, for instance, of these closed board meetings available to owners? Members of the Board who don't seem to care that the prez was way out of lo line, even if no Owners ould see/hear him, still will go after Paul's board member friend.

When are you moving away, Paul?
TimB4 (Tennessee)
Posts: 21,060
Posted:
Quote:
Posted By KerryL1 on 05/16/2020 6:38 PM

Paul's friend could be censured or worse.


What do you really think the board could do other then ostracize them?

The worst, if the individual was appointed, would be to remove them from the board.
Gasp !

I'm not serving on my board and have 20 hours a month of my life back.
The Horror.
KerryL1 (California)
Posts: 14,550
Posted:
I'm suggesting that Paul might want to think about releasing an edited version of the recording given that the director-friend who gave it to him could be taken to the we woodshed. I agree with Augie that Paul should get permission from his director-contact.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Playing devil's advocate here, if a board member disclosed information from an executive session, you could make a good argument that that person is guilty of a more serious breach of duty than Mr. Foul Mouth. Depending on what was being discussed - and we have no information about this - there could be serious consequences.

Not that it justifies crude or offensive language. That has no place in a business meeting.

But remember, all you who enjoy kicking hornets' nests: once you've kicked the nest, the hornets are in charge.
TimB4 (Tennessee)
Posts: 21,060
Posted:
Quote:
Posted By CathyA3 on 05/17/2020 2:08 PM

Depending on what was being discussed - and we have no information about this - there could be serious consequences.

What consequences do you think there would be?
PaulJ6
Posts: 990
Posted:
Quote:
Posted By CathyA3 on 05/17/2020 2:08 PM
Playing devil's advocate here, if a board member disclosed information from an executive session, you could make a good argument that that person is guilty of a more serious breach of duty than Mr. Foul Mouth. Depending on what was being discussed - and we have no information about this - there could be serious consequences.

Not that it justifies crude or offensive language. That has no place in a business meeting.

But remember, all you who enjoy kicking hornets' nests: once you've kicked the nest, the hornets are in charge.

Good point although there is no executive session- I am pretty sure that board members don't even know what "executive session" means.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By TimB4 on 05/17/2020 2:10 PM
Posted By CathyA3 on 05/17/2020 2:08 PM

Depending on what was being discussed - and we have no information about this - there could be serious consequences.


What consequences do you think there would be?

If they discussed something had been discussed with the attorney, it could be a breach of attorney client privilege. Or if not, someone may hear something that so angers them that it leads to expensive litigation (which I think is the whole point of this little exercise).
TimB4 (Tennessee)
Posts: 21,060
Posted:
Quote:
Posted By CathyA3 on 05/17/2020 3:51 PM
Posted By TimB4 on 05/17/2020 2:10 PM
Posted By CathyA3 on 05/17/2020 2:08 PM

Depending on what was being discussed - and we have no information about this - there could be serious consequences.


What consequences do you think there would be?


If they discussed something had been discussed with the attorney, it could be a breach of attorney client privilege. Or if not, someone may hear something that so angers them that it leads to expensive litigation (which I think is the whole point of this little exercise).

Well, I agree with the second sentence about potential litigation.

PaulJ6
Posts: 990
Posted:
Quote:
Posted By CathyA3 on 05/17/2020 3:51 PM
Posted By TimB4 on 05/17/2020 2:10 PM
Posted By CathyA3 on 05/17/2020 2:08 PM

Depending on what was being discussed - and we have no information about this - there could be serious consequences.


What consequences do you think there would be?


If they discussed something had been discussed with the attorney, it could be a breach of attorney client privilege. Or if not, someone may hear something that so angers them that it leads to expensive litigation (which I think is the whole point of this little exercise).

This board doesn't have (or use) a lawyer.
KerryL1 (California)
Posts: 14,550
Posted:
So, Paul, did you ask your director friend if it's OK if you share portions of the recording from the meeting??

Since the profanity seems to have involved other owners, maybe the discussion was about delinquencies, which also could be confidential.

If busted as the revealer of a recording from a confidential meeting, the director could be be kept out of all executive session matters by the rest of the board forming an executive committee that excludes Paul's friend. If an officer, they can vote the friend out of office.

Because NY doesn't require open HOA board meetings, I assume all meetings are confidential and that there are no meeting minutes that are available to Owners. Is that right?

When are you moving to your new purchase, Paul?

PaulJ6
Posts: 990
Posted:
Kerry, you come across as scolding, asking questions that you already know the answers to and using my name so much.
SheliaH (Indiana)
Posts: 6,964
Posted:
No, you just don't like what Kerry said. And that's fine - no one has to agree or disagree with anything said on this website.

Personally, I don't like the idea of sending this anonymously be I think it wouldn't take long for people to figure out who did the recording. You said another board member showed it to a few people, so all it would take is for someone to backtrack who knew what and when. They may all deny it, but sooner or later, someone will blurt out the truth and then what Cathy warned about may come to pass.

of course you may be gone by then, so what do you care if this board member catches all the hellfire and damnnation?

If you so concerned about the board president calling a friend out of her name (and I agree that word is sickening), why not talk to her or the other homeowners who this president insulted and ask what they think should happen? For all you know, this has already been addressed and everyone else but you had moved on. If the lady wants to confront the man, why don't YOU go with her for moral support (and perhaps a little more)? It's easy to do things underhanded - we talk about that a lot on this website. It's not so easy to deal with people face to face.

Which reminds me - as indignant as you are about the president, did you even ask the other board member why he/she and the rest just let this guy rant and rave without shutting him down immediately as Tim noted? I do agree with Tim that's what should have happened, but it may be people were too shocked or scared to react at the time. Or they're all cowards, in which case, they may need to rethink why they're on the board in the first place.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
PaulJ6
Posts: 990
Posted:
Quote:
Posted By SheliaH on 05/18/2020 5:15 AM
No, you just don't like what Kerry said. And that's fine - no one has to agree or disagree with anything said on this website.

Personally, I don't like the idea of sending this anonymously be I think it wouldn't take long for people to figure out who did the recording. You said another board member showed it to a few people, so all it would take is for someone to backtrack who knew what and when. They may all deny it, but sooner or later, someone will blurt out the truth and then what Cathy warned about may come to pass.

of course you may be gone by then, so what do you care if this board member catches all the hellfire and damnnation?

If you so concerned about the board president calling a friend out of her name (and I agree that word is sickening), why not talk to her or the other homeowners who this president insulted and ask what they think should happen? For all you know, this has already been addressed and everyone else but you had moved on. If the lady wants to confront the man, why don't YOU go with her for moral support (and perhaps a little more)? It's easy to do things underhanded - we talk about that a lot on this website. It's not so easy to deal with people face to face.

Which reminds me - as indignant as you are about the president, did you even ask the other board member why he/she and the rest just let this guy rant and rave without shutting him down immediately as Tim noted? I do agree with Tim that's what should have happened, but it may be people were too shocked or scared to react at the time. Or they're all cowards, in which case, they may need to rethink why they're on the board in the first place.


Thanks. I don't do anything anonymously (except on this board and other boards where using full names isn't allowed).

The property manager picks the board and the president and likes the president because the president bullies people for the benefit of the property manager. At least that's what I'm told by board members. So the board member who I'm friends with doesn't want to rock the boat; it would just result in the board member being removed from the board by the property manager.

I stand by my views of Kerry's posts. I don't have a problem with the points that Kerry makes--the tone, to me, is just scolding and lecturing.
SheliaH (Indiana)
Posts: 6,964
Posted:
Unless your documents specifically state the property manager can select whomever he/she wants to the board, what your board members say - and what the homeowners allow - is nothing more than an excuse, and I DO NOT accept excuses like this for grown-ass people.

I'm not yelling at you, but I really get tired of people on this website and everywhere else blaming one or two board members, the property managers, the association attorney, and who knows who else for HOA drama. The homeowners have far more power than they know, but too many decide to just keep their heads down and hope whoever's running the show doesn't mess up things too much to cost them money or a loss of property value. As I've often said, homeownership is not a spectator sport and no one will care for your home more than you. No, it's not easy to speak up and people do get indignant when you call them on their BS, but sometimes, you have no choice.

I'm equally annoyed at the board member who said "he didn't want to rock to boat" - what in the hell did he think would happen by recording this and then showing it to "a few people" so they could spread the word? He may be a friend, but by taking this approach, he's also a weakling (feel free to show him this if you want). There are worse things than losing one's position on the board - maybe he should tell these people to their face how unprofessional they are and resign - and then send a letter to the homeowners explaining why he's no longer there.

Two people cannot dominate like this unless everyone else (especially the homeowners) allows it. If serving on the board is that important to him, he needs to rally together everyone else and go to his colleagues and DEMAND change. Actually, he should read his documents, which I'm sure has something in it about special meetings and how board members come to serve on the board.

Do what you want, but I stand by my original suggestion - leave these people alone and let time and karma deal with them. If your lawsuit didn't prompt the others to pay attention, this video probably won't change anything.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 05/18/2020 6:59 AM
So the board member who I'm friends with doesn't want to rock the boat; it would just result in the board member being removed from the board by the property manager.
Maybe. Or maybe the director who shared the video with you is a user. He or she wants your sympathy and 'Oh, poor baby' response, but he or she ultimately wants others to do the hard work of what is sometimes necessary conflict. I would not bother giving such a person much time. Because I think these battles can only be won when people are united enough to have critical mass.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 05/18/2020 6:59 AM
So the board member who I'm friends with doesn't want to rock the boat;
Also, let's be clear: This director already rocked the boat by sharing the video with an owner. She or he ought to admit this. Since this director does not intend to take or permit any action on this, her or his sharing of the video with others is busy-body, 'I want to be the center of attention,' ego-driven, gossip.
PaulJ6
Posts: 990
Posted:
Thanks everyone.

In this HOA, owners are passive and let a nasty property manager (which owns about 10% of the units) do what it wants. People don’t care, perhaps because they think that others don’t care. At annual meetings, the property manager and board president literally yell at people who oppose them. At annual meetings there is almost never a quorum.

Thus I can’t really do anything other than file a lawsuit. I am not sure if that’s worth it.

But if owners learn that the board president is swearing about them at board meetings, maybe they’ll act.
MarkW18
Posts: 1,290
Posted:
Quote:
Posted By PaulJ6 on 05/18/2020 11:37 AM
But if owners learn that the board president is swearing about them at board meetings, maybe they’ll act.

Maybe, BUT, I wouldn't hold my breath.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By PaulJ6 on 05/18/2020 11:37 AM
Thanks everyone.

In this HOA, owners are passive and let a nasty property manager (which owns about 10% of the units) do what it wants. People don’t care, perhaps because they think that others don’t care. At annual meetings, the property manager and board president literally yell at people who oppose them. At annual meetings there is almost never a quorum.

Thus I can’t really do anything other than file a lawsuit. I am not sure if that’s worth it.

But if owners learn that the board president is swearing about them at board meetings, maybe they’ll act.

File a lawsuit for what?
PaulJ6
Posts: 990
Posted:
Quote:
Posted By JohnC46 on 05/18/2020 11:50 AM
Posted By PaulJ6 on 05/18/2020 11:37 AM
Thanks everyone.

In this HOA, owners are passive and let a nasty property manager (which owns about 10% of the units) do what it wants. People don’t care, perhaps because they think that others don’t care. At annual meetings, the property manager and board president literally yell at people who oppose them. At annual meetings there is almost never a quorum.

Thus I can’t really do anything other than file a lawsuit. I am not sure if that’s worth it.

But if owners learn that the board president is swearing about them at board meetings, maybe they’ll act.


File a lawsuit for what?

Reduced property values due to breach of fiduciary duty (the board president running the HOA for the benefit of the property manager, funneling excessively large amounts to the property manager and letting the HOA suffer). For example, our HOA dues are much higher than other HOAs... yet common areas are not maintained and the HOA has NO reserves, due to overpayments to the property manager that appoints the board.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 05/18/2020 12:06 PM
[regarding filing a lawsuit as a possible option] Reduced property values
Until a person goes to sell her or his property, I do not believe this is quantifiable by court standards. Even after a property is sod, I do not believe a court would consider such a cost to be reasonably quantifiable so as to count for "damages."

Quote:
Posted By PaulJ6 on 05/18/2020 12:06 PM
due to breach of fiduciary duty (the board president running the HOA for the benefit of the property manager, funneling excessively large amounts to the property manager and letting the HOA suffer). For example, our HOA dues are much higher than other HOAs... yet common areas are not maintained and the HOA has NO reserves, due to overpayments to the property manager that appoints the board
I think the only claim here that might be actionable is a claim for injunctive relief, asking the judge to order the HOA to run honest elections per the governing documents and state corporation law. Then the owners can throw the bums out.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By AugustinD on 05/18/2020 1:43 PM
Posted By PaulJ6 on 05/18/2020 12:06 PM
[regarding filing a lawsuit as a possible option] Reduced property values
Until a person goes to sell her or his property, I do not believe this is quantifiable by court standards. Even after a property is sod, I do not believe a court would consider such a cost to be reasonably quantifiable so as to count for "damages."

Quote:
Posted By PaulJ6 on 05/18/2020 12:06 PM
due to breach of fiduciary duty (the board president running the HOA for the benefit of the property manager, funneling excessively large amounts to the property manager and letting the HOA suffer). For example, our HOA dues are much higher than other HOAs... yet common areas are not maintained and the HOA has NO reserves, due to overpayments to the property manager that appoints the board
I think the only claim here that might be actionable is a claim for injunctive relief, asking the judge to order the HOA to run honest elections per the governing documents and state corporation law. Then the owners can throw the bums out.

Correct. I had to line up an appraiser to do an appraisal of my place, both (1) without the high dues and without bad conditions in place and (2) factoring in the high dues and bad conditions. I am having that appraisal done. Without that, counsel who I talked to said that there is no case.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By PaulJ6 on 05/18/2020 2:05 PM
Correct. I had to line up an appraiser to do an appraisal of my place, both (1) without the high dues and without bad conditions in place and (2) factoring in the high dues and bad conditions. I am having that appraisal done. Without that, counsel who I talked to said that there is no case.
Too many other factors come into play for there to be a claim for damages based on the difference between (1) and (2). Like, just for starters, how different appraisers will appraise a property differently.

You're not suing over this, anyway, right?

I posted for the interested reader throwing out empty threats of suing.
PaulJ6
Posts: 990
Posted:
Quote:
Posted By AugustinD on 05/18/2020 4:03 PM
Posted By PaulJ6 on 05/18/2020 2:05 PM
Correct. I had to line up an appraiser to do an appraisal of my place, both (1) without the high dues and without bad conditions in place and (2) factoring in the high dues and bad conditions. I am having that appraisal done. Without that, counsel who I talked to said that there is no case.
Too many other factors come into play for there to be a claim for damages based on the difference between (1) and (2). Like, just for starters, how different appraisers will appraise a property differently.

You're not suing over this, anyway, right?

I posted for the interested reader throwing out empty threats of suing.

I checked with a real estate litigator and explained everything and he said that as long as I have an appraisal, with an appraiser who is willing to go to a court hearing, there is a basis for a case (otherwise it's just a bunch of breaches of applicable law but no ascertainable damages).

I'm not going to let a bad board president damage my property values and likely scream profanity about me.
JimB37 (Florida)
Posts: 76
Posted:
Shelia,
Spot on. There are some things that just don't need to be fixed as they will eventually take care of themselves.

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