CRAZY situation here...

Started by JoshG2 • 8 replies • 339 views

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JoshG2 (South Carolina)
Posts: 2

Posted:

So this one's a doozy...our HOA president has been called out recently for making homophobic comments to 4 other homeowners about my fiancé and me. (Yes, we spoke with each of these homeowners separately and they've all said the same.) After MUCH deliberation, we called her out on this (among other things), via an email that was sent to the entire board. She then called for a special zoom meeting with the board (which no residents were informed of) where she said on the call that we have an "illness". There was yelling and screaming, followed by one board member motioning to remove her as president, which was immediately followed by her ending the zoom call, so nothing could be discussed further. Neighbors are suggesting we talk to a lawyer because of the president's derogatory and prejudicial comments, saying it's slander and she may come after us and take retaliatory actions. The problem is, none of the board members are discussing it, because they were forced to sign an NDA, so all this chatter is coming from the spouses of the board members hearing the yelling on the zoom call from other rooms in their homes (and I'm sure discussing the call afterwards).

I know there's freedom of speech, so that part isn't my biggest concern. Everyone has the right to be an ignorant bigot. My real issue is her ending the zoom call when a board member wanted to motion for a vote. Is this because it wasn't an official scheduled meeting? Also, is it legal for an HOA president to have the entire board sign an NDA? And finally, this president and the ARB have decided to "update" our ARB standards last week without any vote by the homeowners. How is this enforceable?

I appreciate any and all help with this. We're trying to find a way to remove her as soon as humanly possible. She is TOXIC!

MarkR21 (North Carolina)
Posts: 710

Posted:

Meetings should have minutes ask secretary for copy
Ndas are only as good as their punishment clause
Time to get signatures for special election. Start canvassing your neighbor hood good luck

AugustinD
Posts: 15

Posted:

Quote:

Posted By JoshG2 on 07/24/2022 6:02 PM
our HOA president has been called out recently for making homophobic comments to 4 other homeowners about my fiancé and me.
...
I know there's freedom of speech, so that part isn't my biggest concern.

Please confirm: Do you believe that these homophobic comments by the HOA President about you and your fiancé are protected free speech?

I mean, you took the trouble to spell "fiancé" correctly and yet do not know when the First Amendment might not protect speech by a HOA president?

KerryL1 (California)
Posts: 14,550

Posted:

It sounds like you're not on the Board, right, Josh? Still, read your bylaws and you'll probably see that any two directors or an officer & director or the president can call a "special meeting." If not in your Bylaws, you'll find it in SC corporations code or something similar.

So two directors should do exactly that: Call a special meeting. The agenda might say: "Reconsideration of Officer Positions." The board members can then motion and vote her out of the position of President. They also, then, should vote in a different director. In CA, a meeting like this must be an open board meeting, but I don't know about SC. I also think SC does not require that owners be given notice of Board meetings. Let's hope our long time poster from SC, JohnC, can help here. He might want to know if your assn. is detached homes or condos, so tell us.

Note she is STILL a director, but no longer president.

Also how many homes/units and how many directors?

Was there written notice of the previous "special Meeting?" Was it only distributed to board members? What was the agenda? In other words, how do you know it wasn't an "official Meeting?"

Whatever the meeting, a presider should make a motion to adjourn the meeting, which she apparently did not do. She just cut off everyone in attendance? Good enough reason to throw her out of office.

All board members should never reveal what was discussed in an executive session. IF this special meeting was in executive session, minutes do not need to be shared with Owners. Did the board attorney approve this "NDA?" If not, I'd say offhand it's worthless.

Not sure what an ARB is--Arch. guidelines of some kind? In any case, unless your governing documents, probably your bylaws state that Owners vote for such changes, usually the board does, but NOT the prez & "the ARB," which I guess is a committee?

Do not waste your time & money trying to sue this woman. I am sorry you have to hear such vile lies, but your Board should should be able to kick her out of the president's chair IF they have any courage. If the board is a bunch of weaklings, you can try the complicated process to recall as Mark suggests, or what for the next election and vote her off the board if her term is up

JoshG2 (South Carolina)
Posts: 2

Posted:

Thank you, Kerry.

So no, I'm not on the board, I'm a former decorating committee chair. I stepped down, for obvious reasons. Here, we're a small acreage lot community tucked away in the woods. We have 58 lots, but only about 35 or so are built on. Most of the residents here just want to live in peace and be left alone, not dealing with super strict rules. Unfortunately, our current president wants a long list of strict and specific rules like a country club. That's just not us.

We have 6 board members, including the president. Then we have the ARB, or Architectural Review Board.

There was no notice of this meeting. I checked the meeting schedule, and the next official board meeting is in September. Another neighbor is checking with the board attorney regarding the NDA.

I'll have to go over the by-laws again to see about these ARB changes. The thing is, we all voted to approve or deny the proposed changes back in April, and it failed...yet we get an email last week that all these changes are now in effect. WHAT?? HOW?? So frustrating...

Anyway, thank you again. I really appreciate your input! I have no interest in trying to sue her. She isn't worth that much of my energy. We just want her to be removed, I just wish the rest of the board would get some courage and vote her out...

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't get the "NDA". That makes no sense. I've not heard of signing an NDA unless there was some legal process going on. This is a legal instrument anyone can create and get signed. Celebrities have these with their nannies and other employees all the time. However, it is not a common process within a HOA. It makes no sense IMO. Sounds like some made up stuff.

There is still the ability to vote out the board or request the board vote out the President. This wasn't an official meeting then there would have been no notes or votes taken. It was just a Zoom call amongst members.

Homophobes I have found are just scared they feel they are gay...

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

If you want to spend some money an attorney, it may well be worth it to learn about Fair Housing laws and protected classes (I believe sexual orientation is one of them) and to have the attorney write a letter about the risks of a Fair Housing complaint against the association.

I think the words "Fair Housing" should strike terror into any well-informed board member.

So it's not just crazy, it's probably illegal as well if the other board members don't take action to rein this person in. They need to make it clear that the president's comments do not represent the views of the entire board and are inappropriate.

Hopefully the other board members will do the smart thing and take action.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By MelissaP1 on 07/25/2022 4:44 AM
I don't get the "NDA". That makes no sense. I've not heard of signing an NDA unless there was some legal process going on. This is a legal instrument anyone can create and get signed. Celebrities have these with their nannies and other employees all the time. However, it is not a common process within a HOA. It makes no sense IMO. Sounds like some made up stuff.

There is still the ability to vote out the board or request the board vote out the President. This wasn't an official meeting then there would have been no notes or votes taken. It was just a Zoom call amongst members.

Homophobes I have found are just scared they feel they are gay...

Yeah, I'm not sure the NDAs will supersede state laws about a homeowner's right to view association records. This may be why we don't see them. And I think homeowners have the right to know that a board member's actions may get the association sued.

BillD16 (Texas)
Posts: 973

Posted:

Damn. No recording of the meeting exists? Maybe that’s for the best. But it’s interesting to think of ways to get creative with such a thing.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

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