Lawsuits

Started by SheilaH5 • 11 replies • 289 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

SheilaH5 (Florida)
Posts: 12

Posted:

Should a Board member with two lawsuits pending be allowed to remain on the Board?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By SheilaH5 on 11/05/2023 5:47 AM
Should a Board member with two lawsuits pending be allowed to remain on the Board?

Nothing in Florida statutes prohibits the director from serving while she or he is suing the HOA. Owners elected the director. Owners can recall the director. If the owners choose not to recall, then the director stays. The owners wishes must be respected here (or else the other directors are likely violating bylaws and state law).

Granted there may be many instances where the director cannot be included in board discussions. If you want elaboration, ask.

It's so important that everyone understand that the number one guiding principles for HOA operations are in the bylaws, declaration, statutes, and some case law. All this written-down stuff is not for nothing. It keeps everyone on the same page.

Making things up as one goes along, as many boards do, is dangerous.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By SheilaH5 on 11/05/2023 5:47 AM
Should a Board member with two lawsuits pending be allowed to remain on the Board?

Is he the plaintiff or defendant? If he is suing the association, there may be rules preventing him from serving on the board. In general, he should resign but all depends on the facts.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Are they in good standing and pay their dues? Then they can be a board member. The people may want to vote that person out of the board. If so, follow the process of how that is done. Otherwise, they can stay on the board.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SheilaH5 on 11/05/2023 5:47 AM
Should a Board member with two lawsuits pending be allowed to remain on the Board?

Typically if he is suing the association then he should be removed from the BOD. If the lawsuit do not involve the association, then they are none of your business.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JohnC46 on 11/05/2023 12:43 PM

Posted By SheilaH5 on 11/05/2023 5:47 AM
Should a Board member with two lawsuits pending be allowed to remain on the Board?

Typically if he is suing the association then he should be removed from the BOD. If the lawsuit do not involve the association, then they are none of your business.

Well said.

ElleN (Idaho)
Posts: 4,420

Posted:

If a director, elected by owners, has sued a HOA because of allegations of violations of the state's HOA statute or the HOA's bylaws, I do not buy that the board majority should have the right to remove the director.

Nor do I know of any statute that requires the board to remove such a director.

After all, the owners elected this director. It seems to me the point of statutes and bylaws requiring that owners elect directors annually or every few years is precisely to give the owners the chance to be heard. It is thee number one way recommended here to cause change. Why give a rogue board majority a way to defeat this?

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By JohnC46 on 11/05/2023 12:43 PM

Posted By SheilaH5 on 11/05/2023 5:47 AM
Should a Board member with two lawsuits pending be allowed to remain on the Board?

Typically if he is suing the association then he should be removed from the BOD. If the lawsuit do not involve the association, then they are none of your business.

Who would remove that director and by what authority? Unless state law or the governing docs give that authority, then whoever is trying to remove the director is going rogue.

Escaped former treasurer and director of a self managed association.

KerryL1 (California)
Posts: 14,550

Posted:

We MUST know what "two lawsuits pending" means. "Sam" is suing the HOA? The Board? The HOA is suing Sam? Some lawsuit unrelated to the HOA is underway?

SheilaH5 (Florida)
Posts: 12

Posted:

This Board member is being sued by a resident for lying about them and also a vendor for breach of contract.

TerriS6 (California)
Posts: 3,284

Posted:

Quote:

Posted By SheilaH5 on 11/11/2023 7:02 AM
This Board member is being sued by a resident for lying about them and also a vendor for breach of contract.

The vendor is suing the director individually and not the association?
The first lawsuit sounds like an individual responsibility not the association's.
Makes sense to wait until the cases are over before making a judgment.

KerryL1 (California)
Posts: 14,550

Posted:

Are you on the Board, SheilaH? With Terri, the issue between the director & an owner for liable or defamation, or some such, should, at this time, not relate to his board service.

Also with Terry, did the vendor provide services for the HOA, v. the individual director? If so, it's hard to imagine that the vendor would sue only this director and not the Board/Association. Please clarify.

In addition, read your Bylaws to see what disquaifies directors for continuing to serve on the Board. FL statutes for your type of HOA also may be helpful.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here