💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GregoryA2 (Ohio)
Posts: 6
Posted:
Hello all,

I'm a resident in a HOA located in the state of Ohio.

Recently, I received a "cease contact" letter for me to interact with the HOA board except through official means by communicating directly through the associations managing agent, ie our management company.

Back story... Ok, I am absolutely known for pressing our current HOA board with tough questions and answers to those tough questions especially when the comment on posts on a non-affiliated NH Facebook page that is not part of the HOA or HOA management company. I understand that I press them, but on the same token, I believe I am not disrespectful to them, I do not call them names, or belittle them in anyway. I just press them with tough questions, and those questions do get other residents involved at times.

So, with that said, few weeks back on our neighborhood Facebook page a resident proposed a question, I provided my feedback, after doing so, one of our board members provided some information related to energy costs, I corrected her on the cost of energy by doing a simple formula that anyone can find on the internet. I didn't threaten, belittle, call names, or IMO anything of that nature. I immediately was called a few names by this board member, and then a second board member weighed in. He too proceeded to call me derogatory names, threatened me, and even a perceived invite for me to come speak to him "like a man" if I had any issues... the facebook war proceeded, and still I never called anyone names, or belittled anyone. The perceived invite of coming to speak to him like a man continued two other times.

In hindsight, and now better judgement, going to visit him was not the best response I had, but I did. In doing so, I did not verbally threaten him, but clearly me showing up had some affect on him, and after a brief discussion that proceeded into an argument, which proceeded into name calling by both of us and a verbal threat by him to me, the interaction ended with no physical violence. Just two guys arguing and leaving it at that, and me going back home.

On the walk home, I screenshot everything from the FB conversation because I felt at that point the cops would be called on me, which about 30 minutes later they were. The interaction with the police ended with a basic "leave him alone, he'll leave you alone, have a good night"... And since then, I have had no contact with any board member at all. I have even, to avoid any confrontation with them blocked them, and their family members, and a few other people on that FB group to avoid conflict, along with avoiding any posts or comments in that group.

This weekend I received the letter mentioned above which states to cease all contact with the board from the HOA management company attorney's that represent the management company.

I proceeded to do a little review of our HOA Covenants, Bylaws, etc to see if there is anything in there that discusses what takes place with these sort of issues, and there is no mention of anything in them that gives any direction at all of what to do. So I called and spoke with the management company. After speaking with the person that represents our HOA, they told me that the Board Member in question had contacted them and asked for me to not contact him, but to use official means of communication through the HOA management company, though the letter states all board members. The letter also discusses other things which never happened, including mentioning that I called the board member and emailed them, which has NEVER happened.

So okay, I got a letter to not contact them, bla bla bla, no big deal, I've already made steps to not communicate with them. With that said, here are my questions:

- Does this constitute misuse of HOA funds because the management company and attorney got involved and nothing in the covenants & bylaws direct what to do in situations like this?

- Does this show an impartial and biased opinion by the HOA management company because no questioning/digging/investigation was conducted by the attorney prior to sending the letter?

- The FB page has no affiliation with the HOA, unofficial business was being discussed on the FB page that ultimately lead to police being involved, what constitutes the management company getting involved?

- Can every resident now use the HOA attorney to deal with neighbor issues of this sort?

- other residents have had issues with him over the years, both before he became a board member and since, can he be removed or forced to vacate his board position?

In conclusion, and I have admitted this elsewhere, no, I absolutely should not have went to his home, regardless if I perceived his comments of coming to speak to him like a man if I had an issue as an open invite to go to his home, it was wrong.

Sincerely & respectfully,

Gregg
MichaelT21 (Arkansas)
Posts: 501
Posted:
The Board is made up of volunteers. Unlike every other politician in our society, board members receive $0 for their time. We get what we pay for. Some are good, some are not so good. No one deserves to be hassled for $0 of pay though.

To answer your questions:

- Does this constitute misuse of HOA funds because the management company and attorney got involved and nothing in the covenants & bylaws direct what to do in situations like this?

This was a proper use of HOA funds.

- Does this show an impartial and biased opinion by the HOA management company because no questioning/digging/investigation was conducted by the attorney prior to sending the letter?

No. The HOA management company operates at the direction of the Board.

- The FB page has no affiliation with the HOA, unofficial business was being discussed on the FB page that ultimately lead to police being involved, what constitutes the management company getting involved?

You going to meet the Board in person was wrong, and is why the attorney got invovled.

- Can every resident now use the HOA attorney to deal with neighbor issues of this sort?

No, the attorney represents the homeowners association.

- other residents have had issues with him over the years, both before he became a board member and since, can he be removed or forced to vacate his board position?

There is a process to remove the Board member.
MarkR21 (North Carolina)
Posts: 710
Posted:
Read your bylaws to see how to remove him. Might take a few hrs work knocking on doors and then running against him. Typically it is not easy process and the rules favor the current board. Good luck
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By MarkR21 on 07/18/2022 9:39 AM
Read your bylaws to see how to remove him. Might take a few hrs work knocking on doors and then running against him. Typically it is not easy process and the rules favor the current board. Good luck

This person will not defeat the president by running for election based on what's been reported as the lead-up interactiosn.
BillD16 (Texas)
Posts: 971
Posted:
I know you provided a list of questions, but what I would ask you is: what do you want?

I'll suggest that the intelligent thing to do here is just walk away. Or move, if possible.

I'd also heavily suggest that you find a lawyer and talk to them about your situation. Like, this letter you received: it's just a letter, right, and not a restraining order? The lawyer may also have some suggestions on what you can do to protect yourself.

Finally: I think that any attempt to escalate would be a bad idea. I'll comment that - unlike many others before you - you did an unusually good job of summarizing the situation in clear language, and I'll take that as an indication that your summary is largely honest and accurate. And thus IMHO the Board is at least partially at fault here. But what do you want to do about it? I'm not a lawyer but I'll bet your lawyer would agree with me that your best course is to just walk away from this and try to forget about it.

What you *don't* want is for the police to get any more involved than they have already regretfully become. I'll say it again: talk to a lawyer. A few hundred bucks now might save you a lot more in the future. You *do not* want to get involved with the criminal justice system. Frankly, if I were you right now, my concern would be that the Board isn't satisfied just sending you a letter, but might be trying for a restraining order etc. Anything you can do to head that off would be a goodness.

Good luck with this.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”
KerryL1 (California)
Posts: 14,550
Posted:
Read your Bylaws to see how to remove a director.

There usually are two ways: 1. Owners vote him out as a board member; they "recall" him. This takes a lot of work and has to be done exactly right. 2. wait until the next election and campaign to have him defeated. Cheap & easier than a recall.

Meanwhile others have given you really good advice here. And it's not unusual for a Board (tho' not a lone board member) to instruct an owner to communicate only through the PM.

It does seem odd to me that you'd get a "cease & desist" letter from the MC's attorney instead of the HOA's attorney. Perhaps other posters here have heard of this type of communication?? a letter to an owner form the MC's attorney?
GregoryA2 (Ohio)
Posts: 6
Posted:
Thank you for the response. It was from the attorney's that represent the HOA.

Vr
GregoryA2 (Ohio)
Posts: 6
Posted:
Quote:
Posted By KerryL1 on 07/18/2022 10:58 AM
Read your Bylaws to see how to remove a director.

There usually are two ways: 1. Owners vote him out as a board member; they "recall" him. This takes a lot of work and has to be done exactly right. 2. wait until the next election and campaign to have him defeated. Cheap & easier than a recall.

Meanwhile others have given you really good advice here. And it's not unusual for a Board (tho' not a lone board member) to instruct an owner to communicate only through the PM.

It does seem odd to me that you'd get a "cease & desist" letter from the MC's attorney instead of the HOA's attorney. Perhaps other posters here have heard of this type of communication?? a letter to an owner form the MC's attorney?

Thank you for the response. It was from the attorney's that represent the HOA.

Vr
GregoryA2 (Ohio)
Posts: 6
Posted:
Quote:
Posted By BillD16 on 07/18/2022 10:44 AM
I know you provided a list of questions, but what I would ask you is: what do you want?

I'll suggest that the intelligent thing to do here is just walk away. Or move, if possible.

I'd also heavily suggest that you find a lawyer and talk to them about your situation. Like, this letter you received: it's just a letter, right, and not a restraining order? The lawyer may also have some suggestions on what you can do to protect yourself.

Finally: I think that any attempt to escalate would be a bad idea. I'll comment that - unlike many others before you - you did an unusually good job of summarizing the situation in clear language, and I'll take that as an indication that your summary is largely honest and accurate. And thus IMHO the Board is at least partially at fault here. But what do you want to do about it? I'm not a lawyer but I'll bet your lawyer would agree with me that your best course is to just walk away from this and try to forget about it.

What you *don't* want is for the police to get any more involved than they have already regretfully become. I'll say it again: talk to a lawyer. A few hundred bucks now might save you a lot more in the future. You *do not* want to get involved with the criminal justice system. Frankly, if I were you right now, my concern would be that the Board isn't satisfied just sending you a letter, but might be trying for a restraining order etc. Anything you can do to head that off would be a goodness.

Good luck with this.

BillD

I do agree, the best thing for me to do is walk away.
GregoryA2 (Ohio)
Posts: 6
Posted:
Quote:
Posted By BillD16 on 07/18/2022 10:44 AM
I know you provided a list of questions, but what I would ask you is: what do you want?

I'll suggest that the intelligent thing to do here is just walk away. Or move, if possible.

I'd also heavily suggest that you find a lawyer and talk to them about your situation. Like, this letter you received: it's just a letter, right, and not a restraining order? The lawyer may also have some suggestions on what you can do to protect yourself.

Finally: I think that any attempt to escalate would be a bad idea. I'll comment that - unlike many others before you - you did an unusually good job of summarizing the situation in clear language, and I'll take that as an indication that your summary is largely honest and accurate. And thus IMHO the Board is at least partially at fault here. But what do you want to do about it? I'm not a lawyer but I'll bet your lawyer would agree with me that your best course is to just walk away from this and try to forget about it.

What you *don't* want is for the police to get any more involved than they have already regretfully become. I'll say it again: talk to a lawyer. A few hundred bucks now might save you a lot more in the future. You *do not* want to get involved with the criminal justice system. Frankly, if I were you right now, my concern would be that the Board isn't satisfied just sending you a letter, but might be trying for a restraining order etc. Anything you can do to head that off would be a goodness.

Good luck with this.

BillD

I do agree, the best thing for me to do is walk away.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here