Quote:
Posted By MelissaP1 on 01/24/2022 2:41 PM
There is no reason for an attorney to attend never the less "run the meeting". Sounds like your board is living in fear. The better option? Gather ALL the questions people may have into one piece of paper. Decide who amongst the board will take it to A lawyer to discuss. Once that is done/paid for, then come back with the answers/suggestions the lawyer has.
This is just bad management and people not knowing what they are doing. Simply resolve the issue by bringing your CC&R's, By-laws, and Articles of Incorporation to EACH and EVERY meeting. Can't answer right away? Explain you will have someone write down the question and review it in those documents for the answer. No need for knee jerk reaction. Simply reply will consult the documents after the meeting to save time. Will have answer quoted from those documents sent out.
Just don't think a lawyer is going to save your HOA from being sued. Your going to get sued. Realize worst case scenerio the court can only make one "whole". So can only get any money back that one spends out. Punitive damages are rare and really never done in small claims.
It is one director but he has support from a lot of members who do not take part - will give him their proxies.
I have known of this person for ~30 years, only getting to know him well the last few years. I have recently learned that he was antagonizing boards in-person or via communications for years previous. I got involved with him and others when a new Board approved a very unorthodox fence (different material and 3 feet higher than the fences connected to it, in front of the subdivision.) He was not on the board at the time of that decision.
We had several meetings discussing what to do about the fence that was "weird" looking compared to adjacent fences. Background on that: The member who changed his fence asked at an annual meeting, before constructing the new fence, if he could replace his fence with the much taller and different material fence. He cited road noise claiming his fence would have sound proofing material in it. Several members and some exiting board directors told him unfortunately no, as what he was proposing did not meet guidelines, but the outgoing president, who then became the ACC chairperson, winked at him to say, "we can work something out." That ACC chairperson, and the new board, which was four new directors out of a five person board, gave that person a variance to build the different fence. Then after it was installed, and the subdivision saw it, about half the subdivision was upset. At first about 20 residents, out of 56 lots, showed up at the next board meeting to protest the decision and fence. About 5 of us stayed engaged, including this new director, who was not a director at that time. We had several meetings over the next several months trying to determine if there was anything we could do about the fence.
Our five had several meetings planning what could be done about the fence. During those meetings, this guy would come with one or two "tricks" to we could do to get the board's attention. He would divide the tasks assigning them to people. Many were outlandish so we just politely declined.
One time he proposed doing something very bad in my opinion. One of the five of us, a lady, had recently gone to one of our meeting (we met at each other's houses) 30 minutes earlier than the meeting was planned. She waited for about ten minutes, sitting in her parked car, until she realized she had the start time wrong. She decided to drive back to her house to wait and then come back 20 minutes later. She said as she began to leave, all of a sudden a vehicle with bright lights raced up to her vehicle tailgating her to later pass her and then try to force her off the road. She said it was the same vehicle the neighbor of the person, whose house the meeting was going to be, had. She could not see in it because it was night and she could not get the license plate number.
This person then advised her to go write down the license plate of the neighbor's vehicle and report it to the police saying she wrote it down during the incident. I interrupted saying that was clearly wrong and lying to police could get one in trouble, so that it was overall bad advice. That is who this director is.