Enforce the rules... recall the board.

Started by NicoleO5 • 5 replies • 506 views

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NicoleO5 (California)
Posts: 61

Posted:

Hello everyone. Several months ago we had a walkthrough by our management for violation checks. There were lets say 6 or so units that had clear violations of things on their balcony. It was handled like normal issues. Violation notices sent. Thy were all ignored. Hearing was completed. Only half of the violation called in and the others ignored the hearing and the notice. Daily fines occurred as you imagine that is what caught their attention. They are now in compliance albiet very pissed off despite knowlingly ignored specific rules. the daily fines were removed and it was all cleared up.

NOW there is a coup to recall the board in regard to the above. A resident attorney is spearheading this and our rule enforcement is call harassment by this individual. They are is also using the closed pool issue we have to strengthen the coup support.

We received a demand letter to open the pool, leave it as it is and use of the hot tub. These are not within the regulations of the city health depart.ment. They referenced us enforcing rules as harassement AND this clown now has a raggedy thing hanging on his balcony ( against the rules) to prove a point.

Suggestion? I have no idea how to handle this. Our HOA Attorney said ignore them until you receive a petition.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I agree with the attorney. Stop flaming the flames. If your HOA is in it's right to not open the pool per state health reasons then stay the route. If your HOA can enforce the violations, then stay the route. Keep your end of the bargain up. They want a recall so be it. See if they get enough support and others willing to step up.

Don't let the fear rule your brain but the process/procedures. My bet is that most people will NOT want to get to be board members. Plus if they do, they will find they have to make the SAME decisions. If they don't believe that they will, then point out your decision making like a bouncing ball to them.

I always find it funny that someone thinks they can do something "better/faster" and find out it doesn't work that way in a HOA... Even I had to swallow that pill myself a few times and I was President!

Former HOA President

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Nicole,

You will receive better advice than mine in a few minutes, probably.

But, I would think as your attorney is: wait until the recall is delivered to the Board, then meet with the attorney and decide what to do.

I would use the time to provide the Board's position on the topics - to the owners. In writing would be reasonable - explain the two circumstances clearly and transparently - ask for inputs - note somewhere in the text that the HOA attorney is assisting by providing advice and will be the point of contact for any future legal actions.

I am assuming your Bylaws also allow the Board, or even the President to call a Special Meeting? If you believe the recall will happen, perhaps consider calling a Special Meeting before you believe the recall paperwork is delivered?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By NicoleO5 on 07/12/2020 9:22 AM
We received a demand letter to open the pool, leave it as it is and use of the hot tub. These are not within the regulations of the city health depart.ment. They referenced us enforcing rules as harassement AND this clown now has a raggedy thing hanging on his balcony ( against the rules) to prove a point.

Suggestion? I have no idea how to handle this. Our HOA Attorney said ignore them until you receive a petition.

Are you asking because you want to cover all bases? Because to me, it is obvious the HOA attorney is correct.

If I may: All directors should stay calm, cool, factual and emotonless. Because if one stays calm, cool, factual and emotionless now, I think one tends to feel a lot better tomorrow and the next day and is more effective with one's communications.

Given the renewed surge in COVID-19 nationwide, and regardless of the health department rules, I am stunned that this (resident and condo member) clown of an attorney is demanding that the pool and hot tub be opened. (CathyA3, if you feel this is another, 'I told you so, AugustinD...' then duly noted.

)

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Most recalls never get off the ground. They are mainly useless threats. One big reason for failure is typically it requires 51% of ALL OWNERS agreeing and rarely can the 51% be achieved. The other reason for failure are legal challenges every step of the way.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By AugustinD on 07/12/2020 9:59 AM

... (CathyA3, if you feel this is another, 'I told you so, AugustinD...' then duly noted.

)

Grin...

When times are stressful, people often become the worst versions of themselves, and we do love to litigate in this country even at the best of times.

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