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LeslieS (Florida)
Posts: 8
Posted:
Is there anything that can be done if the President so a BOD (Florida), falsified the bylaws? This President added wording and changed the bylaws and in an emergency meeting yesterday, finally admitted that the did this. Several people were asking for him to resign, and he didn't. Also a few other board members act as if this was okay and are standing by him. Do we as a neighborhood need to get an attorney involved, or is there some other action that can be taken?
JenniferR (California)
Posts: 9
Posted:
Of course it's wrong to falsify documents. If actual harm (either financially or otherwise) has been done, quantify it. WHAT was falsified? Who benefited? Who was hurt and in what way. Start a paper trail and document the history. Be cordial and fair. These are your neighbors. The Board of Directors, no doubt, does a lot of work FOR FREE for others. Get other people (on paper) to corroborate your point of view. Listen to all sides.

I wouldn't get lawyers involved until you have the whole story. Remember that lawyers cost the HOA lots of $$$ (thats LOTS of $$$) and if you are a homeowner, then it's coming out of YOUR pocket and depleting the funds of the association to maintain the property and save for those rainy days. (Of course, this might be one of those rainy days).

Jennifer
RobertR1 (South Carolina)
Posts: 5,164
Posted:
LeslieS,
"We as a neighborhood", need to do anything that will satisfy their concern about the President. This is not a Board issue to decide. This is a member issue. If you are going to have a meeting about it, and he has admitted to this action, the Board should be only part of the audience. A spokeman should be appointed, minutes should be taken, and a resolution passed by members that the issue has been disccussed and the resolution is: whatever. This can then be entered into the Board minutes and the issue is dead according to resolution. IMHO There should be no discussion about what he done outside of anything he admits to doing. There should be no accusations or name calling. The audience may want him to explain but no questions. He should be asked to leave the meeting so the audience can form the resolution. Then brought back in and informed the action that will be taken. I would hope this would satisfy all concerned. This is all providded there was no civil law broken. IMHO I am starting to think the associations do have the power to take certain actions for events that deal only with the association. If you can accomplish this in a simpler manner, that would even be better. I see no reason to get the cops or lawyers involved.
LeslieS (Florida)
Posts: 8
Posted:
Thanks for the info. Jennifer. This particular president has done this ONLY BECAUSE HE IS POWER HUNGRY and if you don't do what he says he gets very hostile, especially when he has been intoxicated. He has verbally threatened people and has said that he was in combat and could take care of anyone....is that crazy or what. He is a self-governing, crazed president. Most of the people in this neighborhood rent their vacations homes and really don't know much about who or what happens in our neighborhood. This man keeps getting elected because no one knows any better. One of our board members sold her home and moved so the next person in line was supposed to take her place, he didn't like this person, so he told the board that there were criminal charges against this person so he couldn't be on the board. This was all a lie, but he still kept it from happening. There are several homeowner who live there full-time and they want this Pres. gone. I agree, we do not want to depelete our neighborhood of the HOA money, but this man is dangerous, and I mean in more ways than one. Since he has been Pres., our neighborhood has gone downhill. He is a renegade and I am afraid of the damage he could do if we don't get him out.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Now that I learned all this, you should follow the documents and recall the President. Also the Board can vote him out of the position. If he is threatening anyone he is comitting a crime, take him to court personally if you see fit, get a restraining order if you feel ueasy. Get multiple people to join your suit. Then when that is going on I would sue each Board Member for allowing this conduct. They are responsible, they voted him in as president, the Board is responsible to the members, the members voted them in. I still would hope that all this can be accomplished outside the courts if the members make their presentation to the Board concerning all this, explain to the Board, where there resposibility lies and inform them you will take action if they don't step up and do what is right and in the documents.
LeslieS (Florida)
Posts: 8
Posted:
Hi Robert, Your advise is well taken. This is a long and quite boring story, but in short, he has done this "falsifying before" and has threatend physical harm. I had to call security one evening when my husband and I were walking our dog. He was hostile and EXTREMELY THREATENING...so much so my golden ret. was scared to death and tried to pull out of her leash to run home. Many homeowners are at a loss as to what to do about this person. We live in Georgia part time too, and I was going to our home in Florida 2 days before my husband could come, but I am too frightened to go by myself. I have seen his hostility and heard his treats too many times to feel comfortabe. Our atty. has already written him a letter to cease & desist from harassing us, but to be honest, I don't think it will do any good. It is so sad that it has come to this (and it's all over a Low Speed Vehicle (similiar to a golf cart, but not considered one). The city of Destin approved these licensed registered vehicles in Jan. 2007, and my husband purchased one for us. My father-in-law has health issues as do my Godparents and this enabled them to get to the beach in our neighborhood. We have a tram that runs but only a few months out of the year and only a few hours of those days. The maintenance staff, housekeeping, security ALL HAVE GOLF CARTS THEY USE ON A DAILY BASIS. My husband purchased this LSV(quiet, no emissions, small, 25mph), and many neighbors expressed an interest in having one as well. We can go to dinner, grocery shopping, visit neighbors, the beach, pool, etc, by this eco-friendly transportation. The Pres. who is also our next door neighbor, said we couldn't have it, and to get it off the property ASAP, so we did. Come to find out, he just didn't want them on the property and added a line in the by-laws that stated LSV were not allowed. In an emergency mtg. yesterday, it was brought to the boards attn. that he falsified that doc. and he finally admitted it. This LSV isn't that important, to be honest, I don't care if we have one or not. But since that time, he has constantly harassed and threatened myself and my husband. We don't know what to do anymore. We did a renovation in our backyard this summer, outdoor kitchen, fireplace, etc.....this Pres. and the managment company approved this renovation. The Pres. and his family have spent time in our backyard at cookouts, swimming, etc... with us and other friends on several occassions. Now he says he is going to have us remove it and he will find a way through codes etc....This has turned out to an all out war. And as I said before, all because he told my husband no to bring the LSV on the property and my husband did. We went to the city before doing so and were told that we could. But as soon as the Pres. told us to remove it we did, even though now we find out it was without merit. We just don't know what to do anymore. It has made our wonderful "paradise" for our family a living "hell." We are at a loss....
LeslieS (Florida)
Posts: 8
Posted:
We must have been writing at the same time, so I apologize for the last lengthly letter. I am going to take your advise and I so appreciate all the info. you and Jennifer have given me. Thanks for taking time out of your Sunday to help.....IT IS GREATLY APPRECIATED!!!
LeslieS (Florida)
Posts: 8
Posted:
We must have been writing at the same time, so I apologize for the last lengthly letter. I am going to take your advise and I so appreciate all the info. you and Jennifer have given me. Thanks for taking time out of your Sunday to help.....IT IS GREATLY APPRECIATED!!!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Leslie,
Recall that crazy guy. Florida Statutes 720;3055 is the recall procedure. Just to make it really simple for you, the statute says that 10% or more of the residents must sign a recall petition. It must be a drafted letter and you will present it to him and the Board. He has 5 days to respond. Get the other Board members involved.
JenniferR (California)
Posts: 9
Posted:
But I would also satisfy yourself that he can't DIP into all your HOA funds as retaliation! Who's the Treasurer? Get them on your side. If the President has any signing ability then have the Treasurer and other Board members get his signing ability off (at least alert the banks)

If he has threatened you then CALL THE POLICE! The more records you have of his behavior the better. Whenever someone does something illegal -- you need to CALL THE POLICE! (Even if they don't send an officer out, you need to put in the call!)
Jennifer
DonnaS (Tennessee)
Posts: 5,671
Posted:

Document, document, document--every move and word as you will need times, dates and places. Never hear-say as that will not hold up if you need the State to get involved. And yes, call the police if he gets too much to handle by his threatening behavior.
LeslieS (Florida)
Posts: 8
Posted:
I am keeping documents and will continue to do so, you all are so right, that if it isn't on paper you have no proof. another development we found out that resulted from yesterdays emergency mtg.: the secretary resigned because he said he didn't want to be a part of a Board that allows the Pres. to falsify minutes. Our board election is going on right now and the homeowners mtg. where the ballots will be counted is Nov. 10th. I am going to try and do everything I can not to let this person be on the board and this forum has given me alot of hope and info. as to what I can do to try and stop this person from his "bully" tactics. My only worry is that not enough people will care since most of them only spend a small amount of time there each year. We will keep our hopes up that this matter will be resolved soon, and our energy can be used for much more productive and positve things. I appreciate all the feedback!!!!!
LeslieS (Florida)
Posts: 8
Posted:
There has been 2 times now that he has made verbal threats (and they were very, very hostile), and I soooo wished I had called the police. I did call our security on the premises, but I think you're right, I would have been much better to have a police report on file. We have sent a cease & desist letter telling him to stop harassing us, so if he does ANYTHING EVER AGAIN, I will call the police and file a restraining order. Isn't it crazy that things come to this in neighborhoods....I would have never thought that something like this could happen. It's really sad, and to be honest is quite a waste of time for alot of people. I think some people in this world have nothing better to do than cause problems. Thanks so much Jennifer for helping us!
LeslieS (Florida)
Posts: 8
Posted:
Great info., looking up that Statue in a minute. I think we can get 10% of the residents to sign a petition and I am going to do ALL I CAN TO MAKE THAT HAPPEN, this is some potentially good new!!! THX bunches! Leslie

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