meeting

can the members of an hoa call a meeting without the board in attendance. A member filed a lawsuit against the board for non compliance of state laws. There were a minimum of 19 violations by the Board stated in the legal claim. The lawsuit (settled out of court) settlement stated that the board must obey the laws, and the plaintiff had all legal fees reinbursed. The board is claiming that this is a superfluous lawsuit that should have never been filed. The Board is not releasing the settlement document to the homeowners. The plaintiff would like to release the document and have a meeting only with the members to explain the efforts made before the lawsuit was filed. Do board members have to attend?

Was there a nondisclosure clause in the settlement? You may want to check the settlement agreement (this sounds like you're the homeowner). If so, skip it

If the terms were recorded in the court records,, people can stop by the clerks office and read the case for themselves or the owner (whoever it is) can distribute copies of the settlement and let the neighbors decide who's right

The board is bound to hear about this meeting and then you'll have another round of conflict, so I have to wonder what is the point of this meeting? The owner won, the board isn't happy (no one's happy when they lose) and now its time to move on.

Right now, emotions are raw, so both sides need to sit down and cool off. It may be after doing sothe board may realize it was wrong and apologize. But if they don't, the homeowners can always decide to vote out or even recall them. Perhaps the homeowner can get involved in that movement, maybe even run for a seat.

Sure you can call a board meeting, Caveat, there needs to be a quorum of directors to conduct said meeting.

Assuming the meeting is not meant to be an official association activity, you are free to invite anyone you want to meet/gather/party, etc.

If the association had to pay a considerable amount of money, they can't keep that from the homeowners forever- if they're saying the lawsuit shouldn't have been filed, they're only trying to spin the story so they won't look as bad as they're going to look. Maybe this owner should simply mail or email copies of the settlement. The sit back and watch the explosion

However, as delightful as that sounds the association still needs to be run and it would be unfortunate if this turns into a gigantic passing match with everyone taking side. As volatile as people have become these days. I'd hate to see someone get so worked up he or she stomps over to the owner's house and next thing you know there's a story 9n the evening news.

Have your meeting but consider what you want to get out of it. There are a variety of battles that can make up a war, so you need to think ahead to the next one - because this will set off another and you want next to yo be xta fingers at the end.

There is no confidentiality clause and the settlement has not been sent to the owners. This a second home residence and they are mainly skiers. One of my lawyer's concerns is that the residents would not talk to me anymore. I live here most of the year and they don't talk to me anyway. My friends are permanent residents. I've lived in this town for 20 years. Consider this if you are filing a suit.

If the president does not send out the settlement within 2 weeks, I will send it out with an invitation for a "gathering" to explain the law suit and its future implications for the residents. Incidentally, the president is a lawyer. I am preparing the notes for another law suit based on "Selective enforcement". Because I have been so vocal, the board has treated me differently and it on tape from the zoom meetings.

As for the current law suit, after attempting to work with the board, sending letters to the residents (we were not allowed to have each other's email addresses--which is illegal), sending two letters to the president asking for records, I finally filed the law suit.

There were over 19 state law and by-law violations (stopped counting), the Property Manager was running the meetings (he was fired by the defendant's lawyer which was an unexpected gift), there are no rules or regulations so the property manager could treat you well if he liked you, and we have never had a board meeting.

Because the property manager was also the builder of the condos and the real estate agent, I could not use a local lawyer because of conflict of interest. However, I found a lawyer who was involved in HOA cases in the past with no conflict. It makes all the difference when you have a lawyer who listens to the nuisances and personality of the condo association.

As for the settlement, I was reimbursed for all my legal fees, $12,500. The board must obey the laws and I have the right to go back to court if they don't. They were also required to formulate rules/regulations and hire a property manager. They violated the laws and there was an ethics violation when they hired the property manager who is a personal friend of the fired property manager. (When will they learn?)

I would like to share any information with you so you can have the same success as I did. There is much interest in the procedures locally because second home owners are treated like second class citizens. Can I give you my email address on this blog. Let mer know how I can help?

The power of Δ-8 THC.

Elaine wants her cake and wants to eat it also.

I think Sheila has good questions & ideas here.

What is "The power of Δ-8 THC.," Augustin.

I want one.

I believe marijuana today is not what it used to be. Today it's much stronger and much more addictive. Get acquainted (or rather, try to get acquainted) with a few regular users, and you may see my meaning. I believe today's pot is dangerous, addictive stuff compared to what was available in the 1960s-1970s. I think legislators will come to rue the de-regulation.

I do not joke about its use anymore. I do not waste time with even self-described casual users. If they want to escape reality in a manner that affects their mental health in the long run, fine. Just stay away from me.

I am pleased more and more folks, sick of the harm their stoner friends are causing to relationships and society, are saying not merely, "No thanks," but snarling, "No! Not on your life will I put this cr-p into my system."

I think delivering ultimatums to those in power is not a strategy and typically results in less cooperation, not more.

ElaineT, are you going to run for the Board? This is the million dollar question to me.

Thanks for sharing such useful information! I am going to bookmark for further reading.

I do know my audience. They are apathetic and myopic which is characteristic of second home owners. I am doing this because of the blatant violation of state laws even though the president is aware of these requirements. I doubt if the residents will support me but the state laws will. I was in college in the 1960s fighting for the injustices of the Vietnam War and discrimination. Fighting for injustice is still in my system.

As for running for President, I opened the Pandora's box so I need to be part of the solution. I would accept the presidency to put into place all the processes and procedures required by law. I have been a Board President for United Way and been on another HOA board before. I just want this HOA to obey the laws.

I was also a Superintendent of Schools and, often, when I recommended a new idea, I was "creamed" by the some segment of the public. We grow a tough skin when we are in this position and we just keep focusing on what is "just and right". Your concerns were expressed by my lawyer before we filed the court papers.

I have only dealt with the processes and procedures in this lawsuit. I know of one misuse of funds that were used to improve another property that is not part of our community. So finances will be the next bastion that I will investigate. There is no accounting for any of the HOA dues.

Your experiences have really helped me in organizing my thoughts for the "gathering meeting" IF the residents will even come to the zoom meeting. I appreciate any additional thoughts on this matter. Will keep you posted.

You're signaling out this one person, but your statement applies to most HOA directors in the country!

Damn those ankle biters.