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MichelleC8 (California)
Posts: 80
Posted:

Annual elections are upon us. Our board has 3 seats open for election. The board alternates 2 seats on year 3 the next so this allows for a 5 person board with staggered terms.

This week we have collected our nominations for the elections. With these nomination the person has the chance to present a blurb, and convince why they should be voted upon. Forgive my going on I just am trying to present how our HOA is.

This week’s nomination forms was surprising. One of the nominees elected to nominate himself for one of the three positions that are open. There is a huge issue of concern that I can not detail her due to confidentiality but lets say this individual was on the board previously. He didn’t finish his term, walked off the board with no notice and really left the HOA in a pickle. I have the email he sent stating “ suckers work for free I quit” I have saved written complaints to the board during that time he served. One fo the complaints was a breech of financial issues with a decedent owner who’s family was having an estate sale and he confronted them with a house full of people about the back dues owed.

This owner is claiming the current board has breached its responsibility of confidentiality multiple times. He had no idea we have what we have saved from his last 6 months of hell this person put us through, but it’s there.

What does this wise group suggest be done. His complaints of confidentiality issues indicate he had access to privileged to conversations that occurred with upmost confidence but that got back to him due to angry owners who are having a hard time following rules. That does not matter his complaints of confidential issues are not disclosing units that are in arrears or having liens placed on their property. He has a small backing of owners behind him because.. they also have received notices for varying violations. ( dog off leash, dog defecating not pick up, no approved coverings on outside patrons etc.

Suggest on how to deal? Short of making this email public where he clearly was out of line and witnessed by multiple people I am open to ideas
ChrisE8
Posts: 454
Posted:
Like in any other election, go around gathering support for the other candidates, and collecting proxies from people who support the other candidates.

Why not make the email public?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What confidentiality? Wishful thinking? If you have a HOA it should read like an open book in my opinion/experience. The board is elected to represent the majority of general members. So why not know who your voting for and what actions they have or will take?

Personally, I would be saying confidentiality my A$$. You just don't want people to know the truth. It's out there and no one has to "hide" it just because you don't like it.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
I pretty much agree with Melissa, few things are confidential: discussions with the association's attorney about pending issues, current contract negotiations, employee matters. In some states details around collections and CC&R violations are also confidential - you need to know what your state and your governing docs say about these items.

I do think this guy is a troublemaker and doesn't have what it takes to be an effective board member. I'd say make sure you understand your confidentiality requirements and then disclose anything that's fair game.
SueW6 (Michigan)
Posts: 814
Posted:
Unless you have been designated by the board of directors to act as a “ vetting“ committee, for all candidates, I suggest that you keep very quiet. A nomination is a nomination. Let the voters decide. It is not your role to disclose any kind of gossips or report on comments that he issued in the past.

Be very careful. You could Personally end up with a lawsuit because you Attempted to block his right to run for a position on the board. Instead work to elect the people that you want on the board but don’t try to interfere with the election process.
MarkM19 (Texas)
Posts: 1,459
Posted:
Michelle,
I think many of us board members have run into similar issues over the years. I am not sure how active you are in your community and with Covid-19 it is hard to get out and find people to talk to at times. If you can I would do something similar to this.

I would say who I support and to add a little to that you could mention that to the best of your knowledge the people you support have never done X Y or Z. You should not mention his name and anyone with common sense will get the point point you are making. I am sure based on your post that everyone who cares (probably not as many as you hope) will know that this person quit the board. You can say a lot without saying anything personal. Politics is not always fun and games.

I have aboard member on my board that is driving me and a few other members crazy. I had given her the benefit of the doubt and they warned me on several occasions how disruptive she had been on the board before I was elected. If you do not do everything you can to keep them off your board you will be stuck with him for 2 years.
JohnC77 (California)
Posts: 562
Posted:
Go ahead and release the email. All other emails will then be subject to review by your member. Be careful what you ask for.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
The OP has an Email the fellow sent. Forwarding or showing that Email is simply hoisting the fellow on his own petard. I say go for it.
KerryL1 (California)
Posts: 14,550
Posted:
You're on the Board, right, Michelle?

I agree with those who wouldn't release the email. I agree with those who say that instead campaign FOR the ones you'd like to see on the board. This way, you're making a positive contribution to your community v. a negative stunt.

If your HOA's in compliance with the CA new legislation about owners' email addys being available to all Owners unless the persons opt out, send a positive, upbeat email about the 3 your prefer and why. If no email, send such a letter US mail. Have someone proofread it to avoid the writing errors that we see in your posts.

Do NOT bother with proxies. In CA, as you probably know, owners may vote their secret ballots absentee and do not need to attend the annual meeting.

The above is what I did a year ago, when I took a year off of board service. I campaigned for myself and and I campaigned for two others. I ignored the 3 incumbants who I thought were incompetent & arrogant. They all lost. I & 2 others won.

I think one thing that really helped was a Candidates Night where the 6 of us were grilled by owners with written questions handled by our PM and Inspectors of Election. The 3 incumbents did poorly, hemed & hawed about a sensitive topic, etc. About 50 owners attended.

So, organize a Canidate's Night, Michelle. Then, the bad actor can be asked why he abandoned the Board, etc. He, most likely, will hang himself.

BTW, I wonder about these "confidential conversations" that have been revealed. If they took place in Executive Session, that's one thing and you have a rogue director now. If they were outside of meetings, the conversations probably should not have occurred.
MichelleC8 (California)
Posts: 80
Posted:
I think it’s safe to say typos and grammatical errors may occur here as some post from mobile devices;). I think it was a little rude to
point out someone’s errors. It’s happened to all of us. It wasn’t necessary to point that out. Saying that, don’t circulate the emails.
Ho

MichelleC8 (California)
Posts: 80
Posted:
Quote:
Posted By MichelleC8 on 10/17/2020 8:24 PM
I think it’s safe to say typos and grammatical errors may occur here as some post from mobile devices;). I think it was a little rude to
point out someone’s errors. It’s happened to all of us. It wasn’t necessary to point that out. Saying that, don’t circulate the emails.


GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By MichelleC8 on 10/17/2020 8:24 PM
It’s happened to all of us. It wasn’t necessary to point that out.

It hasn't happened to me. People should be more careful.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By GenoS on 10/17/2020 10:35 PM
Posted By MichelleC8 on 10/17/2020 8:24 PM
It’s happened to all of us. It wasn’t necessary to point that out.

It hasn't happened to me. People should be more careful.

I am pretty much incapable of posting anything without typos except for very short posts. This window uses a different font, and that's enough to make my mistakes less visible to me than they are in the conversation page. And I'm already The World's Worst Proofreader.

On the other hand, Preview and Edit buttons exist for a reason, and I wish we had them here.
KerryL1 (California)
Posts: 14,550
Posted:
I'm the queen of typos on this forum and in other informal writing even sitting at a desk with a nice keyboard.

My point to Michelle, and it's important, is that a positive, persuasive campaign letter to owners should be free of distracting writing errors.
MichelleC8 (California)
Posts: 80
Posted:
Understood. Thank you for that.
MichelleC8 (California)
Posts: 80
Posted:
Be nice..
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Forget ttyppos. Let us get back to the OP's question.

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