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KathyM3 (Maryland)
Posts: 1
Posted:
Our Board is 3 people..one person resigned....a replacement was appointed without a majority board vote....then two members voted the third member off the board...and appointed a new member to that vacancy.....the by-laws state only a majority of all the assoc members can remove a board member....

an attorney sent the three "board members" a letter telling them their actions were void and to vacate the illegally appointed positions....and directed the one real board member to reinstate the individual illegally removed.....

the three people ignored the attorney's letter and are continuing to work as a "board" and have even gone so far as to hire a Board attorney using the association money - which they shouldn't be able to do since two of the three aren't even "board members"

Any thoughts on how the rest of us residents get involved to stop this from becoming an expensive drain on our money?
GloriaM (North Carolina)
Posts: 829
Posted:
Kathy:

This subject has been on this forum numerous times. Perform a search and read the many posts on this subject.
RogerB (Colorado)
Posts: 5,067
Posted:
Kathy, you have two valid Board members and for the sake of clarity lets call the one improperly removed #1 and the one still on the Board #2. Then there is #3 who was improperly appointed. Call a special meeting of the members to a) vote to reconfirm that #1 is still on the Board as confirmed by the attorney;
b) vote to remove Board member #2 from the Board;
c) vote to confirm Board member #3 is not an official Board member;
d) vote on candidates for position #3 and #2 if that Board member is voted out. The candidates elected will complete the term of the Board member being replaced.
JoeW1 (New York)
Posts: 728
Posted:
RogerB - The type of scenario you describe typically has to be on an agenda for a duly held special meeting of owners to remove a board member. Which one of the illustrious Board members do you think is going to honor the owner's request for a meeting when none of them are listening to an attorney and have gotten their own attorney at everyone's expense? This is a hostile situation if you ask me.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
I like JoeW reasoning and this is a hostile act. I think I would go to the bank and tell my tale and see what it would take to freeze the funds in the account. If the signers of checks are not authorised by the documents or if there is controversy about their authority, the bank probably would have an interest. They would at least tell you how to freeze the funds.
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By JoeW1 on 10/18/2007 5:04 AM
RogerB - The type of scenario you describe typically has to be on an agenda for a duly held special meeting of owners to remove a board member. Which one of the illustrious Board members do you think is going to honor the owner's request for a meeting when none of them are listening to an attorney and have gotten their own attorney at everyone's expense? This is a hostile situation if you ask me.

Joe, I would not leave it up to the Board to call the special members meeting. As previously posted I would include the date, time, and location of the special meeting as part of the petition. If no Board member showed up the members can appoint a chairperson and have the meeting.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Aha,
Roger: Does it then follow that the petition should be distributed to all owners and this job lies with the folks that started the petition? Upon reflection, it seems reasonable to visulize some scenerios that any member (s) could have the authority, out of necessity to conduct business, to make petition and call a general meeting. But the state of flux this HOA is in could call for some special specifications to make the meeting legal and insure that the power passes to the newly elected Board.

A good intellectual exercise.

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