JohnM102 (Arizona)
Posts: 24
Posts: 24
Posted:
I just went through a legal dispute against our HOA for the illegal manner in which the election of Officers was conducted. The two individuals that orchestrated the illegal takeover assumed the President (Pres) and Vice President (VP) positions. Then the Pres gave herself the Treasurer position. In the course of my 10 weeks of trying to get the election of Officers overturned, these two individuals, without consent of the 3 other Board members, spent over $5,000 of Association funds misrepresenting facts to the Association Attorney. Once my Attorney gave the Association Attorney the true fact, the Association Attorney declared the election of Officers was illegal and had to be redone.
In the do over, neither of the two were elected as the Pres, VP, or Secretary. Infact, the individual that had illegally been given the Pres position and awarded herself the Treasurer position resigned from the Board all together. The individual that had been given the VP position opted just to serve as a director. I wish I could say all has gone well since then but the individual that chose just to be a director, has made it near impossible to get things done. Anytime he is sent documents for possible comments, he declines to do so. In fact, he is now demanding the right to get legal rulings on issues he is the lone member of the five that interprets things to his liking. Both him and the previous Pres even refuse to accept the Association Attorneys ruling. they both want her resignation overturned despite having asked to have her decision included in the minutes. This leads me to three questions:
1. Since the individual director, that has not accepted any responsibility, was elected as one of five directors in the actual election of directors, is there any way to remove him from the Board other than by a recall of the members that elected him? As anyone that's ever been involved in a recall knows, doing so is difficult due the lack of concern of members that never attend meetings. To make matters even worse, 60 of our 100 lot owners are vacant with most owners living out of State. Of the 40 lots built on, only about 12 individuals attend meetings. In total 11 of those 12 members were part of takeover. Since 2011, 11 members of which 4 are couples have made it impossible to effectively manage this tiny HOA. All director positions are volunteers and the balance of homeowners that never attend don't because of being intimidated by those 11 individuals.
2. How do you determine the proper interpretation of Governing Documents when there is a 4 to 1 agreement against him? He insists everything has to be unanimous. If not, then we have to go to our Attorney for a ruling. The four members disagreeing with him have years of experience while this is his first time to serve on an HOA. He has 100 days of experience most of which was spent misrepresenting facts to the Association Attorney. As far as the four of us are concerned, a 4 to 1 vote overrules him. Especially when the things he disagrees with are well spelled out.
3. What are your rules for going to the Association Attorney for his ruling when the dissenter is out voted 4 to 1?
The 4 of us are well versed in the rules of the Association and the State of Arizona. I'm looking for how you have managed a situation like this if you've been unfortunate enough to have experienced situations like ours.
In the do over, neither of the two were elected as the Pres, VP, or Secretary. Infact, the individual that had illegally been given the Pres position and awarded herself the Treasurer position resigned from the Board all together. The individual that had been given the VP position opted just to serve as a director. I wish I could say all has gone well since then but the individual that chose just to be a director, has made it near impossible to get things done. Anytime he is sent documents for possible comments, he declines to do so. In fact, he is now demanding the right to get legal rulings on issues he is the lone member of the five that interprets things to his liking. Both him and the previous Pres even refuse to accept the Association Attorneys ruling. they both want her resignation overturned despite having asked to have her decision included in the minutes. This leads me to three questions:
1. Since the individual director, that has not accepted any responsibility, was elected as one of five directors in the actual election of directors, is there any way to remove him from the Board other than by a recall of the members that elected him? As anyone that's ever been involved in a recall knows, doing so is difficult due the lack of concern of members that never attend meetings. To make matters even worse, 60 of our 100 lot owners are vacant with most owners living out of State. Of the 40 lots built on, only about 12 individuals attend meetings. In total 11 of those 12 members were part of takeover. Since 2011, 11 members of which 4 are couples have made it impossible to effectively manage this tiny HOA. All director positions are volunteers and the balance of homeowners that never attend don't because of being intimidated by those 11 individuals.
2. How do you determine the proper interpretation of Governing Documents when there is a 4 to 1 agreement against him? He insists everything has to be unanimous. If not, then we have to go to our Attorney for a ruling. The four members disagreeing with him have years of experience while this is his first time to serve on an HOA. He has 100 days of experience most of which was spent misrepresenting facts to the Association Attorney. As far as the four of us are concerned, a 4 to 1 vote overrules him. Especially when the things he disagrees with are well spelled out.
3. What are your rules for going to the Association Attorney for his ruling when the dissenter is out voted 4 to 1?
The 4 of us are well versed in the rules of the Association and the State of Arizona. I'm looking for how you have managed a situation like this if you've been unfortunate enough to have experienced situations like ours.