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FayeE (New York)
Posts: 49
Posted:
I have written about the President of the Board trying to get me off the Board by using the ByLaws that he had no idea what they said. So they could not get rid of me only the Homeowners can by vote. We had our Annual vote for Board members. There was no place open but we did get a homeowner put in his name. Well I lost. Not a big surprise. Only 38 homeowners voted out of 48. I know he has enough friends here to get me off the Board since he has been here for over 20 yrs and is in everyone's business. So I called to see the Ballots. I wanted to get every homeowner's name to send them all an affidavit requesting to verify their vote. BUT guess what our MC did not keep the ballot with the names of who voted for whom..My thought went right to voter fraud. The MC did not like me because I kept her on her toes constantly asking when something is going to get done. When it drags on for years she gets tired of hearing it and gets annoyed with me instead of doing her job. Still to this day things that had to be done before being elected to the Board are still not done. Many Homeowners are upset because the MC does not get anything done. Now the excuse is the virus. Yes she would want me off the Board. The President wanted me off the Board. The Secretary and I had a falling out. We had an appointment to inspect a Condo because they were selling it and we go in and do our inspection. The Time was set for 11:00 AM. I got there 10 minutes early and I waited for her out front.. it came on 11:00 am and she was no where in sight and the door opens to the Condo and she had already done the inspection. I asked her what time was the appointment and she said she did not know so she just showed up and I was not here. It takes about 20 minutes to do an inspection and she said she was a few minutes early. I was pissed. I made room in my schedule to do this and she says to me sarcastically well we still have to do the garage you can help with that and with me being so very upset I used the F U to her. It just slipped out. So she claimed she did not know the time I said you made the time. I sent her e-mail to her and the Board and called her the liar she was. (BTW she throws religion around) I could never trust a liar and I never wanted to work with her on any special project again. All the people on the Board have no experience in anything except getting their own Condos fixed. Past Presidents all have nicer places then the rest of the Homeowners. I have a business background plus I went to the university for Business as well. I had my own businesses. Better than all of them put together. We have one member with Alzheimer's does not remember one meeting to the next and always ask the same questions. Another member who asked every month for 2 yrs how to fix her a/c when he father owns a A/C company. Then the 2 others. What our MC does I can do very easily. My question is Do they have to keep the ballot and sender together encase I ask or do it on my own have the Homeowners verify if they voted the way they did? For all I know they made up ballots and x-ed who they wanted and made it come out the way they wanted it. OH BTW the new homeowner that ran is also a friend of them all. Can we say the vote was fixed and asked him to run? His wife used to be on the Board buy quit so her and her husband can just pick up and do what they like. Now he runs a year later? SET UP OR NOT? I am in NY not the City. I have searched for a HOA lawyer and there is one here who seems to be everywhere in the USA that is the lawyer we have for the Board. Yes maybe me losing is a good thing for a couple reasons. I can always run next September again when the 2 have not a clue about anything are up for re-election. But boy if voter fraud took place I want to ring them all out to dry.
GenoS (Florida)
Posts: 4,276
Posted:
Separate your text with paragraphs, please, Faye. There are a lot of people (including me) who won't take the time to parse it all out and try to understand what you've written.
FayeE (New York)
Posts: 49
Posted:
Sorry
FayeE (New York)
Posts: 49
Posted:
I redid my statement and question Sorry about no paragraphs

I have written about the President of the Board trying to get me off the Board by using the Bylaw’s that he had no idea what they said. So they could not get rid of me only the Homeowners can by vote. We had our Annual vote for Board members. There was no place open, but we did get a homeowner put in his name. Well I lost. Not a big surprise. Only 38 homeowners voted out of 48. I know he has enough friends here to get me off the Board since he has been here for over 20 yrs and is in everyone's business.

So, I called to see the Ballots. I wanted to get every homeowner's name to send them all an affidavit requesting to verify their vote. BUT guess what our MC did not keep the ballot with the names of who voted for whom. My thought went right to voter fraud.
The MC did not like me because I kept her on her toes constantly asking when something is going to get done. When it drags on for years, she gets tired of hearing it and gets annoyed with me instead of doing her job. Still to this day things that had to be done before being elected to the Board are still not done. Many Homeowners are upset because the MC does not get anything done. Now the excuse is the virus. Yes, she would want me off the Board. The President wanted me off the Board.

The Secretary and I had a falling out. We had an appointment to inspect a Condo because they were selling it and we go in and do our inspection. The Time was set for 11:00 AM. I got there 10 minutes early and I waited for her out front. it came on 11:00 am and she was nowhere in sight and the door opens to the Condo and she had already done the inspection. I asked her what time the appointment and she was said she did not know so she just showed up, I was not there yet and started. It takes about 20 minutes to do an inspection and she said she was a few minutes early. I was very upset. I made room in my schedule to do this and she says to me sarcastically well we still have to do the garage you can help with that and with me being so very upset I used the F U to her. It just slipped out. So, she claimed she did not know the time I said you made the time. I sent her e-mail to her and the Board and called her the liar she was. (BTW she throws religion around) I could never trust a liar and I never wanted to work with her on any special project again.

All the people on the Board have no experience in anything except getting their own Condos fixed. Past Presidents all have nicer places then the rest of the Homeowners.

I have a business background plus I went to the university for Business as well. I had my own businesses. Better than all of them put together. We have one member with Alzheimer's does not remember one meeting to the next and always ask the same questions. Another member who asked every month for 2 yrs how to fix her a/c when her father owns a A/C company. Then the 2 others. What our MC does I can do very easily.

My question is, Do they have to keep the ballot and sender together encase I ask or do it on my own have the Homeowners verify if they voted the way they did? For all I know they made up ballots and x-ed who they wanted and made it come out the way they wanted it.

OH BTW the new homeowner that ran is also a friend of them all. Can we say the vote was fixed and asked him to run? His wife used to be on the Board but quit so her and her husband can just pick up and do what they like. Now he runs a year later. SET UP OR NOT?

I am in NY not the City. I have searched for a HOA lawyer and there is one here who seems to be everywhere in the USA. This is the lawyer we have for the Board.

Yes, maybe me losing is a good thing for a couple reasons. I can always run next September again when the 2 that have not a clue about anything are up for re-election.

But boy if voter fraud took place, I want to ring them all out to dry.

Thank you and sorry about the paragraphs
GenoS (Florida)
Posts: 4,276
Posted:
Thank you! Will read now.
FayeE (New York)
Posts: 49
Posted:
Thank you
GenoS (Florida)
Posts: 4,276
Posted:
Faye, I think a lot of your issues are going to revolve around NY's statutes. I'm pretty sure what I know about Florida's statutes wouldn't be of much use to you, e.g. inspecting and verifying ballots. As for setting someone up to run for the board, in Florida that's perfectly fine because there are only a few disqualifying factors. Being non compos mentis with Alzheimers isn't one of them.

New York might be a lot different. I just don't know.
CathyA3 (Ohio)
Posts: 6,299
Posted:
One thing jumped out at me:

"There was no place open, but we did get a homeowner put in his name. Well I lost. Not a big surprise. Only 38 homeowners voted out of 48. I know he has enough friends here to get me off the Board since he has been here for over 20 yrs and is in everyone's business. "

What did you mean by "there was no place open"? Were you running for re-election (ie, your term ended at the annual meeting)? Or are people only elected for one-year terms? If you were still in the middle of your term, you can't be replaced without a recall election which usually requires a special meeting called for that specific purpose (unless NY is very different from most other states).

So I'm confused.

As far as having an entrenched clique, that's not unusual. The only way to break them up is for enough homeowners to see that this is a problem and to start voting in new folks. But incumbents always have an advantage unless they're messing up pretty badly and are getting folks' attention.

I've concluded that community associations combine the politics of the corporate world along with the politics of middle school. The results ain't pretty.

I've also concluded that one homeowner can't save the others from themselves if the others are determined to get it wrong. You have to accept that reality as an owner in an HOA or condo community. You either think that the benefits outweigh this reality, or you decide that they don't and you get the heck out of Dodge.

FayeE (New York)
Posts: 49
Posted:
Hi Cathy,
This election we had 3 Board members up for re-election. Our terms are every 2 years. Usually we have no one run against us but this year we had someone new throw their hat into the election process and he won. This Board wanted me out for reasons like I make the meeting last to long ( We schedule meeting for 2 hours but the President wants to be out in an hour), I question things ( like what does the contract say, I want to see the contracts from our vendors, why water went up, why don't we get more than one bid for our projects and etc.), Our President ran the board by what he says is fact I questioned him all the time and he found out he is not right most of the time, and they could not separate how I am on the Board is not the same in real life. Basically I was a pain that came in and disrupted their little dictatorship. They did not like it. They do not run the Board correctly and I instructed them on how the Board should be run not how they think it should be run. The President thinks he does not need the approval of the Board to do what he wants. He never shows the Board anything unless questioned about it. It is his way or no way at all. He gets upset and calls the meeting over and I would say is that what the Board wants to do. Then he sits back down and we continue the meeting. So this is why he wanted me off the Board. If I sat there and agreed to everything he said I would still be on the Board. Yes this is more middle school behavior nothing to do with what is best for all the Homeowners.

NOW with the new Board member he is friends with them all and I am not. I meet him once. I believe and I know the President got him to run to get me out. Now they are all tight friends on the Board. I am sure our President will be back as a dictator and they all will fall in line.

OH with me on the Board we had the smallest increased in the HOA fee in a very long time. With them not questioning anything and not wanting more bids or showing our MC how to negotiate a deal I bet our HOA fees go up a lot next year. No the MC never knew how to negotiate before me. Sad isn't it.

With me having back surgery this Friday(tomorrow) it might be good I am not on the Board this year. I need to recover and that will take at least 6 months. It might all be for the good But I do plan to run next September when I know at least one member of the Board will not want to run again. We will have 2 positions open.

BUT my concern is how this election was run by the MC and for that I will open a new Topic. Thank you for responding
FayeE (New York)
Posts: 49
Posted:
Hi Geno,
Finding NY statues are hard to find. I did not find anything about who governs how the HOAs are run in my part of the State. Most all things I find are for NYC's HOAs and how they are suppose to be run and where to report.
But for Western NY I find nothing. No one to call and report what is going on.

The HOA has the best lawyer for this area and the only lawyer for HOA business. I think I talked to every real estate and business lawyers in my area looking for anyone that deals in HOA. Not one, they all offered help like reading the MC contract and finding some questionable areas that should be changed. Let me talk about the issues in how to run an HOA.

All I have are the ByLaws and the R&Rs which have not been changed in 15 yrs. That was something else I was going to tackle and they all agreed we should update them.

I actually like the man with Alzheimer's and we got along fine. I was the only one that would help him out from meeting to meeting. Not one of the others would. They kind of looked the other way. He was learning because he was new. But really he just sits there and this month complained about his Japanese Maple tree. He has nothing to say or questions nothing. He is the one I think will not run again next year.

Thank you Geno for your input into my situation.

Faye

GenoS (Florida)
Posts: 4,276
Posted:
I wish I could be more helpful. I lived on Long Island for 30 years but never in a condo or a homeowners association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Faye

Look at it like this. In municipal/national elections one has to prove they are eligible to vote then they can vote. There is no record of who voted for whom. There is just a record of the number of ballots cast and how many each candidate received. Should an association be any different?

Someone sends me a affidavit asking how I voted I am going to tell them to shove that affidavit where the sun does not shine.

You lost, accept it. Try another time.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Faye,

My sense is that on the voting issue, as you have related it, you are on a dead end trip.

Most folks can assess at a meeting - and in advance of the actual meeting - how the voting will likely go.

You might want to reassess how you are relating to the board and the community - you noted you came in and started telling them what to do - most folks don't like this sort of approach - whether you are right or wrong. Continuing to push on the election results may be another reflection of this failed approach.
FayeE (New York)
Posts: 49
Posted:
Not so much what to do but I questioned it all. Being new at the time I had no idea how they ran this Board. If it bothered them telling me how they ran things then why? The Board was not being run correctly as I learned and read. They refused to be transparent. They did not follow the R&Rs Basically was a look pretty board and even they took over 2 yrs to do anything if at all. I realized talking to past members of the Board saying they stayed to long as they put it. They experienced the same no action unless an emergency. MC that never kept the books correct NEVER. Every week we got OH I have to remember to do that next week. I do not like the shuffling of money and they came back like it was a error. From week to week. I wish this Board was banned and hire someone to do it. They did not like that or they could not get their condos fixed. So what I did as I read and learned how things should be conducted I tried to express that and gave them all reading material to learn. Nothing was my opinion but all the experts. I know I am beating this to the floor but this Board can not continue to run as it is . It is hurting the other homeowners. As a lawyer keeps helping tells me why bother. It has nothing to do with revenge but when you fill the Board with all friends I am very worried now. Corruption exists in the MC company and one man that has no clue what is happening on the Board. The past treasure could never keep the money straight. We had to put money back in so things balanced. out of our own pockets.The new treasurer is the one with no clue.
There is something in me that will not let all the Homeowners be taken advantage. Have broken steps and sidewalk and have been trying to get them fixed for over 3 years now. Now I just had serious back surgery with rods, plates and screws. I have been disabled since 1987 this surgery had nothing to do with that. You would think in about 3 1/2 yrs they would have fixed them. Now just a regular homeowner I will have to sue them. The next September 2 seats are up for vote. I plan to run again unless my plan to get the homeowners to join together in a united front to get the work done here works and this Virus gets better.
Thank you
Please stay safe with this virus
Faye
I will stick to NY topics
SheliaH (Indiana)
Posts: 6,964
Posted:
What Cathy said.

Sometimes all the fools are on the same side and all you can do is give it your best and let the homeowners decide for themselves. You can check if the ballots were valid, but then what? If all those people voted you out, that was their right to do so.

Being voted out doesn't mean you longer care what happens to the community - as long as you're there, you have every right to go to the board meetings, read minutes and income/expense statements, and ask questions. You should do all these things because you're still a homeowner in this community - you're legally required to pay assessments and comply with the documents, but the Board is obligated to be transparent in its dealings, including the ones you may not agree with.

If you decide you want to leave the community that's fine, but in the meantime, take a deep breath and relax. You never know - you may thank that one homeowner one day for taking the position and relieving you of the pressure.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MarkM19 (Texas)
Posts: 1,459
Posted:
Faye,
In Ca. the ballots and Texas the ballots go out with 2 extra envelopes. The outer envelope should have the Home owner name and a signature. That is what the Inspector of elections should be verify prior to open the inner envelope that contains the actual ballot. They are usually separated and that helps keep every vote private.

It sounds to me like you may be better off not being on this board because you seem to have pretty strong negative feelings about the team that you need to work with. Another thought is you are free to discuss the board members weaknesses now that you are not on the board.

In a small community like your elections are popularity contests.
FayeE (New York)
Posts: 49
Posted:
Thank you. I was asked to be hard and find out where the homeowner's money was going by other homeowners so I did what they asked. MC said that 10 homeowners did not vote, Easy to say when they wanted you out. There is no check and balances.
But I has serious back surgery on 9-18th. All in good I sit out for a year that it will take for me to recover. Now to sue the MC and The Board for not doing their job.

Thanks
Faye
FayeE (New York)
Posts: 49
Posted:
That is how it is here too. I saw what the MC e-mailed. 10 did not vote but with all mail in votes they can not be trusted.
Strong negative feelings? No I wanted to get things done as the homeowners wanted and I had to be a strong person. I am no yes person. The President tried to control me. He told me to shut up and wanted me gone because I ask to many questions. The meetings are 2 hours, The President starts shaking his leg once we get past an hour and blamed me for holding up the meeting. I was not a yes person, I went in with positive feeling until I saw the mismanagement and how we all should sit there and say yes because the President wanted it.
Thank you for all the info and input.
Always appreciated.
Faye
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Faye

It is over. You lost. Move on in life. Be more concerned with your health than the association. Get well. Come back fighting.
FayeE (New York)
Posts: 49
Posted:
Just thanking the people that responded back. I said no more.
Sorry I hit a nerve not my intent.
Be well
Faye
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Wow.

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