A service of:
Community123.com
Professional websites for HOAs & condos, since 2004
🎁 1st year FREE for HOATalk members! →
← Return to Topics List

HOA Board Members

Started by SharenP1 • 17 replies • 2898 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SharenP1 (Nevada)
Posts: 6
Posted:

I want to get a judgment against each board member,(Liability for actions undertaking in his role as a board member, I have documents that will show gross negligence, wanton misfeasance. I need help on legal
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sharen,
You sound like you have several issues going here. We need lots more information before we know where you are going with this. Sueing your Board is absolutely the last resort that you should turn to. You would need community support and a whole lot of proof and documentation of neglegence. Give us more please.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
SharenP1:
Why do you feel this is your recourse at this time? Wouldn't you rather band with other like-minded residents who are of the same belief in the Board member's gross misconduct? To get a 'judgment against each board member' is not going to, necessarily, result in a change in the heirarchy and may literally 'cost' you more than you & the resident community are willing to bear.
MicheleD (Kentucky)
Posts: 4,491
Posted:
I'm very confused.

I could have sworn I saw a post by this same poster just yesterday or so where she claims to have won a judgment of $7,500 against her association, then $8,000 against her property management company, and now wants legal help in filing against each individual board member.

I recall reply that I didn't she why she needed any help from us, because it appears that she's doing quite well with the lawsuits on her own.

I also questioned why she felt the need to now go against individual board members, separately, and didn't the nearly $16,000 go a long way to making her "whole" again?

I also noted that she her post count indicated 3 posts, yet that was the only one I could find by her in a search.

Now, she shows 4 posts, yet this current post is the only one that show for her.

What happened to the previous post that talked about all the $$$ she's already won from the insurance against her HOA and property management co?
NancyD1 (Florida)
Posts: 447
Posted:
I read that post on Tuesday. I also searched an it is not there.
DonnaS (Tennessee)
Posts: 5,671
Posted:

I posted a reply also and it was pulled almost immediately. I guess because I was not supportive of her(Sharen) intentions and negativity towards everyone. (Nancy, I always look for your replys)
hoatalk (California)
Posts: 603
Posted:
Quote:
Posted By DonnaS on 10/04/2007 6:22 PM

I posted a reply also and it was pulled almost immediately. I guess because I was not supportive of her(Sharen) intentions and negativity towards everyone. (Nancy, I always look for your replys)

DonnaS: It was not removed because of your reply.

The original topic was removed because it falls outside our posting rules, which say, "Topics from individual homeowners, who are not acting as association volunteers, are not addressed here & may be removed. "

Several people have already replied on this copy of the topic, so it may be left this time.

HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page)
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By hoatalk on 10/05/2007 4:36 AM
Posted By DonnaS on 10/04/2007 6:22 PM

I posted a reply also and it was pulled almost immediately. I guess because I was not supportive of her(Sharen) intentions and negativity towards everyone. (Nancy, I always look for your replys)


DonnaS: It was not removed because of your reply.

The original topic was removed because it falls outside our posting rules, which say, "Topics from individual homeowners, who are not acting as association volunteers, are not addressed here & may be removed. "


hoatalk, Good for you! This forum needs to stay focused on problems faced by association volunteers. There are plenty of places where disgruntled homeowners can post their gripes.

Thank you.
Ron
SC
DonnaS (Tennessee)
Posts: 5,671
Posted:

Thank you, hoatalk for the response. I had gotten my "fur up" with this particular posting because I felt that it was out of line. I appreciate your monitoring these threads.
DonnS
MicheleD (Kentucky)
Posts: 4,491
Posted:
by the way, what's "misfeasance" ?

I know what malfeasance is, misconduct or wrongdoing, usually by a public official. I can think of many examples of that.

But not familiar with misfeasance. It appears to be defined as: the wrongful performance of a normally lawful act.

But I for the life of me can't think of a single example of something like that. What would a "wrongful" performance of a "normally lawful" act be?

SharenP1 (Nevada)
Posts: 6
Posted:
NRS 116.31036(2)

INFORMATION FOR: MicheleD

MISFEASANCE
DICTIONARY: IMPROPER AND UNLAWFUL EXECUTIONOF AN ACT

MALFEASANCE:
DICTIONARY: MISCONDUCT OR WRONGFUL DOING, ESP BY A PUBLIC OFFICIAL

THANKS
MicheleD (Kentucky)
Posts: 4,491
Posted:
Sharen, I already listed the definitions I'm aware of.

My question is, what does misfeasance LOOK like.

The definition is very difficult to parse:

" the wrongful performance of a normally lawful act."

I want to know what the "wrongful performance" of a "normally lawful" act looks like.

Even though, for the record, I think you are yanking our chains. For the time being, I'll go with the flow here.
SharenP1 (Nevada)
Posts: 6
Posted:
Please call the Ombudsman office, I went to this web site for information and help not to be made a FOOL of, you have a wonderful day!!!!!!!
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I have no problem with anyone monitoring or pulling a post on this site.
I would appreciate knowing they did it and a reason why. Explanation could
be posted and save people from looking for something to resolve a question they have.
I find the explanation for extracting a post to be confusing. I desire not to have my posts pulled and certainly am agreeable that standards are necessary but not sure I feel comfortable not knowing how I can keep from making the same mistakes again.
NancyD1 (Florida)
Posts: 447
Posted:
Robert,

The HOA talk moderator explained why it was removed. The original question was something along the lines of: she got a judgement against the HOA and the management company for an assault. How can she sue the board members individually.

I saw the post as did many others throughout that day. No one responded to it. I choose not to respond because I thought if she had sued both the HOA and the management company, she was exonerated. If the courts awarded her a judgement against these people that should have been enough. Obviously, she felt she had to pull the knife out after she had already stabbed them. She got her vindication now she was going for self justification because she had won previously.

If she had an attorney filing the suits, he should have included whoever she felt was guilty, including the board members, in the original lawsuit. The courts decipher who is guilty and who is not. Most likey if she was asking how to sue the board members individually, on this forum, she had no backing from her lawyer because he would have told her. Attorney's get the whole story up front before they sue.

DonnaS (Tennessee)
Posts: 5,671
Posted:

NancyD1,
I was the first to respond to the original post and basically, I was livid with the content of it. I replied in a less than affirmative tone because this is exactly the issue that we go over and over again with some people. Sueing your Board is the last resort and the question becomes, how many times do we have to inform people.
But as we found out, her post should never have gotten here. And I am angry at myself for responding. It was removed very quickly--

THANK YOU HOATALK.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By SharenP1 on 10/06/2007 7:39 PM
Please call the Ombudsman office, I went to this web site for information and help not to be made a FOOL of, you have a wonderful day!!!!!!!

Sharen, did you read the header at the top of the page?

This is a website for association volunteers to learn how to better perform their association duties. You do not fit the intended audience, you are asking us to help you to disrupt your association. There are plenty of other websites for disgruntled homeowners to post their rants.
Ron
SC
hoatalk (California)
Posts: 603
Posted:
Quote:
Posted By RobertR1 on 10/06/2007 8:01 PM
I have no problem with anyone monitoring or pulling a post on this site.
I would appreciate knowing they did it and a reason why. Explanation could
be posted and save people from looking for something to resolve a question they have.
I find the explanation for extracting a post to be confusing. I desire not to have my posts pulled and certainly am agreeable that standards are necessary but not sure I feel comfortable not knowing how I can keep from making the same mistakes again.

RobertR1: We did post the reason that the post was removed.
[The original topic was removed because it falls outside our posting rules, which say, "Topics from individual homeowners, who are not acting as association volunteers, are not addressed here & may be removed. "]

What we meant by this is that she is an 'individual homeowner' not a volunteer or board member acting on behalf of the association. This rule is basically in place to prevent HOATalk from being filled with anti-HOA rants/posts that do not fulfill our educational mission and do not keep the positive tone on the site. HOATalk does not monitor every post, but when we see a post we feel is outside our rules, we may remove it at our discretion. That said, there are non board members/non-professionals here that add value to the site and we don't remove those posts. It's simply about keeping this a positive place to learn and share.

Best Regards,
HOATalk
HOATalk.com, A free service of Community123.com
Provider of Upscale Community Websites
CLICK HERE to get a FREE trial community website
*See legal notice below (end of page)

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here

Terms of Use and Privacy Statement