update: special meeting to replace mgmt company

Just to fill you in. We had the special meeting Monday night, and it was the biggest turn out ever for our HOA meetings. I thought I was supposed to run the meeting, so I went up to the main table and put my folder down. I was told immediately to pick up my stuff and go sit in the f***g chairs. he said, I'm the president, and I run the meetings. Next, he read the letter out loud, where I was asking him to replace the management company. At which point he let the current property manager debate each of my points, while I was sitting in the audience silent. Many issues were discussed and many of the people in the room seemed to agree with me.
The president who is normally a pleasant person, was quite angry that he was in that position and said, I choose who I want to run the community.
The president did say that since my letter got to him March 29th, and the contract expires June 1st, it didn't give him 60 days to give the manager notice.
I said that our bylaws state that all our contracts are to before one year, and that we may cancel any contract with 30 days notice, at any time, for cause or without cause. The other four board members were silent the entire hour and a half no vote happened and after an hour and a half we adjourned.
My concern is that I was in the front row and the property manager said he would be video taping me for the whole meeting, to give it to his lawyer for a lawsuit against me. I did not bring up his legal past issues or the pages of cases with him listed as a defendant. But he did because the HOA president sent it to him. It was quite the stressful night.

Typo. I meant "pithy" not "pity."

It was stressful, but speaking truth to power is never easy. The president showed his ass and was too stupid to realize it. Saying "sit in the f=/&>;@ chair " made an impact, but I'm not sure it was the one he wanted. The other board members were just as pathetic- one or all of them should have shut the president down immediately for that disrespectful behavior. I suspect they didn't say anything for fear of also being yelled at or cussed out, but as we've all heard the saying about evil triumphing when good men and women do nothing.

Now the rest of the community needs to decide what it'll do, and I'm not just talking about the management company anymore. For this performance, I'd sign a petition to have these folks recalled (sacking the president would be a start). As for the management company, this may work in your favor if someone with more authority sees this and says "if they want us gone, that's OK- but starting now, we're not working with that president." Your only concern might be if the video gets distributed to other management companies and suddenly you find no one will take on your community.

But one thing at a time. Everyone, including you, need to calm down a bit and then consider your next move. As Melissa says, deal with the lawsuit if and when the papers show up - for now this is a scare tactic and I suspect the management company would want the publicity of a lawsuit against a homeowner who had the nerve to ask questions. This is a war, not a royal beatdown (yet) so you have to think long term to ensure you're still standing at the end.

PS- you ASSUMED that you would run the meeting because you spearheaded calling it. That was a mistake- next time, ask and verify it in writing if you have to. The details are important in battles like this and you don't want the little stuff to derail you. Learn from this and move on. And best of luck to you.

What a bunch of somb-tches this board and its PM are. I am so sorry.
This guy sounds like he is way lacking in brains. I hope this is the beginning o the end for him, and that a new board will come along soon and terminate his contract, contract allowing.

If I were you, I would brace myself for more retaliation. Fighting a rogue board is hard and expensive. Even if you lawyer up, the board wins, because it will have cost you an arm and a leg. The board knows this.

One good thing has come from your meeting: you gave the current board and manager the opportunity to show their true colors to all of the homeowners present at the meeting. I call this a result: HOA reformers need allies, and it sounds like you have them now.

Being a former board member can be tough. You know too much, and sitting on your hands while the current crop does boneheaded stuff and violates the governing documents is way frustrating.


"Yes."

(Aside: my community is currently experiencing some board shenanigans. We have a board of three directors, and one of our board members abruptly resigned last year. Some months later the remaining board members solicited volunteers for the open position. I know of at least one homeowner who volunteered, and this was a knowledgeable, experienced person. Instead the board chose to leave the position unfilled and appointed a tenant to a newly-created officer position. When this year's delayed annual meeting came around, a second board position was up for election, yet the board stated that only one position was going to be filled. It's one thing if a board position remains unfilled because they can't get anyone to volunteer - it happens. It's a whole 'nother kettle of week-old fish if they deliberately leave it unfilled when they have qualified and willing homeowners who are not chronic complainers or troublemakers.

It's amazing how homeowners who complain constantly about the board and get themselves elected often end up behaving worse than the previous board members that they thought were so awful. That's what we've got right now.)

No!
Previous BOD at my HOA did the same sh*t. They never held elections always claiming that they didn't have to because they were appointing new people via the good old boy network.

Then I really read the bylaws and ours say intial terms for 3 directors are 1, 2, & 3 years. and each term after is 3 years, that means one election every single year!!!
They loved to confuse the issue saying well so and so just joined the board and they have a 3 year term.

No they do not, they fullfil the remainder of the term. which might be 1 , 2 or 3 years

Well the records sucked so no one knew and the train wreck kept on continuing.

Most NC bylaws I've read require either yearly or every other year elections. they are playing you for a fool.

From the SC Nonprofit Corp Act:

SECTION 33-31-805. Terms of directors generally.

(a) The articles or bylaws may specify the terms of directors. Except for designated or appointed directors, the terms of directors may not exceed five years. In the absence of a term specified in the articles or bylaws, the term of each director is one year. Directors may be elected for successive terms.

(b) A decrease in the number of directors or term of office does not shorten an incumbent director's term.

(c) Except as provided in the articles or bylaws:

(1) the term of a director filling a vacancy in the office of a director elected by members expires at the next election of directors by members; and

(2) the term of a director filling another vacancy expires at the end of the unexpired term that such director is filling.

(d) Despite the expiration of a director's term, the director continues to serve until the director's successor is elected, designated or appointed, and qualifies, or until there is a decrease in the number of directors.

I too have observed boards refuse to appoint what seemed to me to be competent, non-troublemaking people. Instead, they left a seat vacant.

The attorney at at least one HOA had even informed the board that they were best legally protected by having all board seats filled.

To me it was clear that these directors did not feel they could get along with the applicants. For them these applicants meant trouble. I mean: If a board is rogue, I would not expect them to appoint a boy scout-type with advanced degrees in contracting and accounting, who references the covenants and bylaws politely but often, in the first place.

For others who may be following this thread. Check your own bylaws to see if Owners can fill vacancies if the board does not. Ours permit such action by Owners.

For a recent vacancy on our Board, the PM sent an e-blast to all owners inviting candidates to fill a term that ends in 10/24. The Board's deadline for completed app forms was about 3 weeks later.