Vengeful President -- Tree

I've been dealing with harrassment from the board president for a few years. The latest is over a tree.

The association replaced a retaining wall between my condo unit and my neighbor's. It resulted in all the landscaping being removed. After the wall was finished, I sent an email to the board asking when new landscaping would be replaced. They responded that it was the condo owners responsibility, not the association so we could do whatever we wanted. I responded back that the bylaws state otherwise and it's the association's responsibility. They said they would provide mulch, but nothing else. After spending considerable money and time, we completed the area with landscaping plants that match plantings throughoutthe community. The board president then had a letter sent to us that they wanted all tags from the plantings so they could review and approve. I responded back that we no longer had the tags, but provided the names of the plants. I also stated that they can't be Monday morning quarterbacks since they already stated we could do what we wanted. The president became fixated on an ornamental tree that we planted and stated it needed to be 6 ft from the foundation. We responded that it was, so we were compliant. They then said they didn't like that type of tree (even though there are tons of these trees throughout the condo complex) and it would need to be removed. I requested a copy of the landscape guidelines however there aren't any. Two months go by and they sent a letter this week stating they wanted the tree tag for review. If we couldn't provide one, then the tree needs to be removed. The tree in question has a trunk the size of my finger. Yes, I could remove it but I would be out that $$. It's ridiculous.

The President represents the HOA board/HOA. I would not put the blame on the "messenger". Just because plantings/trees already exist doesn't mean they should. Example: The builders installed Bradford Pear trees throughout the neighborhood. Very pretty tree. However, they are terrible in a windstorm. Many of them outgrew their lot/house. Had one that was twice as high as the house. The people living in it were scared when it stormed. They did lots of damage once they got older.

We had to spend over 2K in removing/trimming trees the developer had planted over 25 years ago. After that we did the research on trees. The city had a guide we used that let us know what type of tree is best to plant in a small area. (Weeping willows BAD). We then followed that guide when it came time for people to replace their trees. They did not necessarily get to plant what was already existing. That way we could phase out the "bad" plants.

You did not mention the plants or trees you planted in replacement. Plus I don't think the HOA was necessarily responsible for replacing the landscaping. If it was on common area it is their decision to decide what goes back in it. You may have exclusive use but not full "ownership" if common. That means ALL members.

What you call harrassment is not what may be legally called that. Giving you notice is not harrassment. Harrassment is a personal thing. This would be a personal issue but it doesn't read as such.

I appreciate the advice. I have been diligent about documenting all conversations and timelines. I've learned long ago to put everything in writing, so that helps tremendously. They haven't produced any landscape guidelines because none exist. I have reached out to a couple other board members regarding this issue, as well as the many others. They have promised to investigate and readily agree that there is an issue with the board president targeting a select few residents within the condo complex. Their term is up in less than a year, so I'm hopeful that they won't be elected.

Brutal truth: Any director claiming 'it's a difficult battle because the President has the MC and HOA attorney at his disposal' is clueless. One of the following is occurring

-- The directors are ignorant of the fact that they can replace the president with someone else almost anytime they want. If the President is also a director, he stays on the board, but he has a lot less opportunity to abuse power.

-- None of the other directors want to be president, so the jerk remains.

-- The other directors actually like what the president is doing.

-- Some combination of the above.

You are correct that by law, the board (and not the president by himself) makes decisions.

How many directors are there? How many should there be per your Bylaws? How many we pts will be open in the upcoming elctio less than a year away.

The board president has no authority to demand that owners do anything. Only the Board makes decisions at meetings* and those decisions are recorded in the meeting minutes. sometimes lazy, stupid Board do vote to give the president the authority to do certain things, but that is huge mistake. So maybe in some meeting minutes your Board voted to give the prez the authority to order owners around on his own???

In addition, don't your documents or MI code law state that owners must be called to hearings before they can be disciplined.

Have your read the contract with the MC? If not request a copy in writing. In it, I think you'll see that while the prez MAY have some access to the MC, the Board makes decisions and instructs the Manager. Is the latter on the premises? Or off? advise th other directors get copies of the contact with the management AND with the HOA attorney, who SHOULD be directed by the Board not the prez.

Find out the answers to the above questions and give them to the board members who seem reasonable

* I don't think Melissa meant th prez runs the HOA, i.e., governs.