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TerriS6 (California)
Posts: 3,284
Posted:
At our recent annual member meeting, a member asked the board the status of my small claims action which is ended. Litigation status was not an item of business on the agenda. The board spent over five minutes bashing me and showing members legal invoices with my name on them saying that's why we are short on funds. So the board violated the Open Meeting Act again by discussing the status of litigation over violations of the Open Meeting Act (for which they were fined $1,000.)!
SheliaH (Indiana)
Posts: 6,964
Posted:
What part of the agenda did this homeowner ask the question? If it was during resident forum, I don't think you can dictate to the members what they can or can't ask about. If it's under new business, the board isn't obligated to discuss the issue- usually, the make sone initial comments and then decide if additional research is necessary and then the subject is discussed further at the next meeting.

Otherwise, it may have been more appropriate to say the case has been adjudicated and leave it at that. Then again, anyone could have checked the court records and learned of the lawsuit, so what did you want them to say? This sounds like you're more upset at them bashing you in front of everyone.

Now, I recall you said you've sued this board 4 tines for various failures to comply with the documents, so why do you think they're not going yo hold a grudge? Ray Charles could see they're going to try and make you the scapegoat for everything going on in your community.

Now, what's your question? If you want to vent, that's fine, but if you're asking what to do next, the best you can do is to take control of the narrative. What did you do after the board raked you over the coals - sit there and fume, walk out in a huff, get into a shouting match with the president? Get up and tell your side or try to ? Look embarrassed - what?

At this point, you may need to send a short note to everyone saying there are two sides to the story, but the board hasn't told you mine. Here's a summary and if you want more information, here's the case number and you can look it up in the court records and then decide for yourself.

You can also sue them again and possibly win, but thjs will only make them angrier, and the people who are too lazy to try and get the other side, or love a good mudslinging contest will take sides (or pull up a chair with popcorn) and this will begin affecting your ability to enjoy your home, if it hasn't already.

I think someone else asked in another conversation- what's your end game? I'm not saying you're wrong, but now that you know where this board stands, you may need to consider other tactics. If you want them gone, that will be up yo the home or at least a majority, so your energy may be better talking to some of them,, tell your story and then see if you can all start a movement to vote them out . Or move

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
I posted this to state the irony.

The question was raised in between agenda items, not during open forum.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TerriS6 on 05/27/2023 3:04 PM

The question was raised in between agenda items, not during open forum.
Do you agree that this could have lawfully been discussed during the open forum segment of the annual meeting of owners? See https://www.davis-stirling.com/HOME/H/HOA-Board-Meeting-Open-Forum

Good job in small claims court. Though never forget that the likelihood of retaliation for such actions is high. "Being right" is often not sufficient to shut down the egos of those who are in the wrong. Hell hath no wrath like a board scorned?
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By ElleN on 05/27/2023 3:35 PM
Posted By TerriS6 on 05/27/2023 3:04 PM

The question was raised in between agenda items, not during open forum.
Do you agree that this could have lawfully been discussed during the open forum segment of the annual meeting of owners? See https://www.davis-stirling.com/HOME/H/HOA-Board-Meeting-Open-Forum

Good job in small claims court. Though never forget that the likelihood of retaliation for such actions is high. "Being right" is often not sufficient to shut down the egos of those who are in the wrong. Hell hath no wrath like a board scorned?

Touchez!

The question would have been rightly asked in open forum and the president could rightly have given a brief comment in answer or since the case was still open the president could have given a brief answer then say the details will be posted or on the next meeting’s agenda. To go over five minutes with a quorum of directors hell bent on lambasting yours truly prepared with invoices in hand for the occasion is out of bounds.
MaxB4
Posts: 3,513
Posted:
You forget this was a Member meeting and not a board meeting. Civil Code §4930 specifically states what a "board" can do. The "board" has no authority at a member meeting.
TerriS6 (California)
Posts: 3,284
Posted:
Interesting point but board still controls a member meeting (5000).

Annual meeting is supposed to be to elect directors but our ballot count from current election is June 20. So this was in reality a board meeting. There were 7 items of association business on the agenda, including mailbox replacement, road report, treasury report, firewise committee report. I guarantee you our board does not know the difference between a board meeting and a member meeting,
TerriS6 (California)
Posts: 3,284
Posted:
The agenda title is "notice of open annual meeting". Nowhere does it refer to a member meeting which demonstrates they don't understand the difference.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TerriS6 on 05/27/2023 7:42 PM
To go over five minutes with a quorum of directors hell bent on lambasting yours truly prepared with invoices in hand for the occasion is out of bounds.
I agree lambasting anyone whom a court ruled was in the right is out of bounds. Though again, such childish conduct is common among 'boards scorned.'

Next time this happens I hope you raise your hand and explain that HOA law is important; the board was not following the law, putting the HOA at risk; that you tried to settle this through inexpensive, internal procedures; that the board //chose// to go to court; since the board lost, this was obviously unwise; and you regret that the board would suggest that following the law is somehow wrong.

TerriS6 (California)
Posts: 3,284
Posted:
ElleN, would you please move into my neighborhood?
ElleN (Idaho)
Posts: 4,420
Posted:
lol

I am hoping my condo and HOA days are over. Or if I do land in a HOA again, it will have minimal common areas and minimal responsibilities.

Terri, seriously, at the next open forum you ought to flip this around (back to the truth). Maybe point blank ask the board: Do you object to following the law? Why didn't you just follow the law instead of choose to go to court? Even if the board does not respond, you will have made your point.

BTW, and I think as you know, the board is not supposed to preside at the annual meeting of owners. Bad on them. The president (or her/his selected alternate) presides.
TerriS6 (California)
Posts: 3,284
Posted:
Thank you, again, ElleN.
LizD3 (California)
Posts: 200
Posted:
All of this is predicated on the belief that people will function rationally, intelligently, dispassionately, and within the confines of the agreements they make (CC&Rs) and the laws. As Terri (and I) seem to have discovered, this is not so.

Leaving both of us with no good answers and few palatable options.

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