Trying to remove an abusive "One-Person BOD" HOA manager/dictator

We live (and own) a unit in a small 4-unit community with an HOA manager who has been "calling her own shots" for the past 15+ years. Either her age is making her senile, or other personal issues--but has managed to make enemies with all 3 other units in our community. We have NOT had a single board meeting for the past 10+ years, but our community is so small that we never made it an issue since we all know each other. But recently, she has been causing more problems then actually doing in her job, wanting to increase our HOA fee--yet we have also NEVER seen her statement or financial records, which she refuses and simply ignores when we tried to email.

But over these past months, we have become fed up, and want to schedule a meeting with all the owners to have her removed and turn over her documents--in which she has been refusing to do so and not replying to her emails. Instead, out of retaliation of our inquiry, she has displaced all her time and resources to make our lives a "living hell" which includes the following:

1. Intentionally called the escrow company of one of the owners trying to sell his unit a few months back (when the market was better), telling them "the house is not safe" making up alleged "issues" in which the seller has lost TWO potential sales, in which the buyers were scared away. Now that the housing prices have dropped, and the owner is also stuck with the listing and escrow fees.

2. We live about 2 blocks away from the site of the unfortunate shooting in Monterey Park, CA which took place back in January--and since then, we have had issues with parking with new regulations and safety issues parking our cars on the streets that we instead park our cars in front of our own garages in our complex. This neither blocks not impedes ANY traffic other than our own garage door. The manager doesn't like this, because it simply makes it "more difficult" to maneuver her own car out of her own garage (having to back out versus having the space to turn the car around), simply for her own "convenience". She has even tried to call the police to cite us, but they couldn't take action because there are no signs posted. So recently, she went ahead (acting on behalf of all the homeowners without our consent) and applied for a "No Parking/Tow Away" sign which she had placed so that she can have the authority to have us towed.... simply "just because" she has the authority to do so.

3. Our mailboxes have been vandalized twice over the past year, which is supposed to be our HOA's responsibility--her reply was simply "pay for it yourself."

4. Our community lighting has not worked for years, and it is pitch dark in the evenings where we've even had accidents. When we raised this concern to have the lights and timer box fixed, she said she would reimburse us--in which we then had all the fixtures and timers fixed--but she has yet to pay us back for the out-of-pocket expenses, while she goes ahead and has all the community lights shut off at just 9pm (indicating "there's no use for it" and "you guys are wasting electricity")

5. We've had water leak issues due to the recent storms, in which no contractor will take on the job to make repairs as they need "HOA Consent", and she has not cooperated just so to make it tough for us as punishment for attempting to remove her and call a meeting.

6. She recently had a gate installed blocking all access through her walkway, which is also locked--because she doesn't like people walking by her unit, in which people have to walk AROUND the other side--where we also question who funded this, not to mention that it also poses a safety and fire code issue as it blocks the common walkway. Can we have this reported to the city's code enforcement?

These are just one of the many incidents, in which we have all documented At this point, we are BEYOND fed up--as she has done nearly nothing over the years, yet has the time and audacity to give us a hard time in flexing her power and authority. No financial statements, no meetings--just her arbitrarily making up rules as she deems convenient for her. A "dictator" is a mere understatement.

We have been trying to schedule a meeting where we (3 units out of the 4) want to have her removed and vote her out--but she has neither responded nor cooperated, as she knows that we want her out. And quite frankly--we wouldn't really care if there is NO manager or association at all, as it's just the few of us that has managed the place on our own with or without her.

What options do we have right now, and what can we do about her? This has gone beyond "amicable", and we are all trying to patiently take the high road. Is it possible to hold a meeting without her presence and vote her out? Or does she need to be present? We are trying to avoid taking this to court and/or hiring an attorney (as this will come out of our own pockets) which isn't cheap--but that will be the last resort.

Any advice or recommendations would be greatly appreciated.

Thanks

1. Intentionally called the escrow company of one of the owners trying to sell his unit a few months back (when the market was better), telling them "the house is not safe" making up alleged "issues" in which the seller has lost TWO potential sales, in which the buyers were scared away. Now that the housing prices have dropped, and the owner is also stuck with the listing and escrow fees.

The person who lost their sale could sue them personally as long as this was the reason they backed out of the purchase. There are many reasons why someone does not go through with a sale of a home. If they have an home inspector and confirm what the person claimed made it 'unsafe" doesn't help much. However, with that said if the potential buyers will back up the seller with verifying the reason did not buy was due to what this person stated/did then there may be a potential PRIVATE lawsuit not HOA involved.

2. We live about 2 blocks away from the site of the unfortunate shooting in Monterey Park, CA which took place back in January--and since then, we have had issues with parking with new regulations and safety issues parking our cars on the streets that we instead park our cars in front of our own garages in our complex. This neither blocks not impedes ANY traffic other than our own garage door. The manager doesn't like this, because it simply makes it "more difficult" to maneuver her own car out of her own garage (having to back out versus having the space to turn the car around), simply for her own "convenience". She has even tried to call the police to cite us, but they couldn't take action because there are no signs posted. So recently, she went ahead (acting on behalf of all the homeowners without our consent) and applied for a "No Parking/Tow Away" sign which she had placed so that she can have the authority to have us towed.... simply "just because" she has the authority to do so.

I can possibly see her issue with this. My HOA roads are not wide enough to support parking on the road without impeding other drivers. Typically the rules in MOST HOA's are you are to park in your garage or in your driveway. The way many garages/houses are set up is that this can be blocking when backing up out of the garage from across the road.

3. Our mailboxes have been vandalized twice over the past year, which is supposed to be our HOA's responsibility--her reply was simply "pay for it yourself."
This is NOT a HOA issue. Mailboxes are FEDERAL in nature. This would be a Post Office issue. They have their own Postal Inspector/ "Police" to handle such things. Call the police not the HOA for vandalism.

4. Our community lighting has not worked for years, and it is pitch dark in the evenings where we've even had accidents. When we raised this concern to have the lights and timer box fixed, she said she would reimburse us--in which we then had all the fixtures and timers fixed--but she has yet to pay us back for the out-of-pocket expenses, while she goes ahead and has all the community lights shut off at just 9pm (indicating "there's no use for it" and "you guys are wasting electricity")

Sounds like maybe there isn't the money to afford this in the HOA budget. Not sure how your light system is set up if you pay the utility to have them or not. Is this private roads? If so, then yes you all do pay for that lighting yourselves most likely through the utility department. Find out how much this costs to light up the areas.

5. We've had water leak issues due to the recent storms, in which no contractor will take on the job to make repairs as they need "HOA Consent", and she has not cooperated just so to make it tough for us as punishment for attempting to remove her and call a meeting.

That doesn't mean they won't take the contract. They just have to have permission from ALL the neighbors to access the area needing repair. She is NOT the HOA you and your neighbors are. You ALL own this property if it is "common". The contractor has a point to make sure they have the right to work on this before they will proceed. Otherwise, they could be trespassing and open themselves up to a lawsuit or arrest.

6. She recently had a gate installed blocking all access through her walkway, which is also locked--because she doesn't like people walking by her unit, in which people have to walk AROUND the other side--where we also question who funded this, not to mention that it also poses a safety and fire code issue as it blocks the common walkway. Can we have this reported to the city's code enforcement?

Why not report it to the city code enforcement? Mind you the HOA may or may not be subject to any fines issued if the code enforcement says it's an HOA issue. Otherwise, have them come out to see if it is a code violation or just an inconvenience.

post your bylaws, most have rules that allow membership to call thier own meeting and to recall an exsisting board member. there should be at least 3 board members anyways so you should at the bare minimum be able to schedule a special election.

again read your rules, then meticulously follow them so that any court or lawhyer can't throw out your moves.