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MikeC34 (Idaho)
Posts: 11
Posted:
In the interest of brevity and not getting into a long story: Our HOA has a management company. I sent a complaint directly to the President of our HOA in October, due to issues surrounding his personal involvement. His personal attorney replied to me that he (the President) had no intention of addressing my complaint, and that the Pres. forwarded the complaint to the other board members should they decide to act on it. Again, without getting into details, it's my belief that the President did not fwd the complaint to the board members even though he told his attorney he did.

My question:

Am I allowed to send that complaint via snail mail to the other board members with a preface that I believe they did not receive it? The Pres. either did not fwd it to them, OR he did, and told them "we're not going to do anything about this." If it's the latter, it would give any board member with a conscience a chance to speak up.

I just want to be sure I'm not violating any Idaho law in doing so. Also, I did contact the management company to ask who the board members are, and they replied with their names, so it's not as if their identities are secret. I could send the complaint to the management company, however, they may just send it to the President, and then I'm back at square one.
CathyA3 (Ohio)
Posts: 6,299
Posted:
You're allowed to send snail mail to anyone as long as you're not violating USPS laws.

How the rest of the board will react is unknown. Since I don't know the nature of your issue with the board president, I won't speculate.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By MikeC34 on 02/17/2024 10:43 AM
My question:

Am I allowed to send that complaint via snail mail to the other board members with a preface that I believe they did not receive it?
You can send whatever you want to whomever you want. The question is would you be taking a risk of someone suing you for, say, defamation if you did.

Does your complaint personally attack the President? Does the complaint involve a claim that either the covenants, bylaws or state statute was violated?

I think expanding a little on what your complaint says might yield better responses here. I know people come here to enjoy anonymity. Unfortunately the forum has some doxers and off-line stalkers, so I can understand when people are less than forthcoming.
SheliaH (Indiana)
Posts: 6,964
Posted:
Does this letter concern a personal matter between you and the president that's NOT related to association business? If do, why are you trying to bring the rest of the board members into it?

If this does concern association business, such as an exterior change request you filed and the president took what you feel were inappropriate measures to have it denied, you should have filed an appeal and then express your concerns in front of EVERYONE. If you could prove inappropriate actions on his part, it could be presented and the rest of the board could make a decision on your issue and later have an executive session to discuss tbe president's conduct.

That could result in a censure to him, an apology to you, and if it was really egregious, they could vote to relieve the president of the position. He'd still be on the board - only the homeowners can vote him out at the next election or through a recall. Or the man might resign.

If this is personal beef, that's between you two and you'll have yo find another way to resolve it. If it's an association matter, send your letter yo the rest of the board (including the president). You should include an eplantation as to why you didn't notify them of your concerns in the first place, since it DID involve an association issue - and an apology for your error. Request a hearing to address all this and then see what happens.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MikeC34 (Idaho)
Posts: 11
Posted:
Thanks for the input, and yes I know it's hard to answer without the whole story.. Let's just say that the Pres. made a comment to us one day in person, which I can't actually prove (other than the end result of what I'm dealing with). And that comment is the basis for why I believe he acted against us, and in contradiction to the well established standards in the community. I will go ahead and mail the board members, and include a cover letter as to the reasons they are receiving it. My hopes is that one of them will speak up and say what has been imposed on me isn't fair and should be addressed. I also intend to rally support from the immediate neighbors.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Remember to be polite (more flies with honey type of thing).

Stick to the facts and don't embellish.

KerryL1 (California)
Posts: 14,550
Posted:
MikeC wrote: "Let's just say that the Pres. made a comment to us one day in person, which I can't actually prove .... And that comment is the basis for why I believe he acted against us.."

I don't understand the above. Presidents have no authority to act against any owner by themselves. Board make decisions including those involving disciplinary measure against owners. They make these decisions by voting at --it sounds like it'd be in your case -- closed executive session.

Also know that a president cannot not direct a board in the way. you speculate: "We're not going to do anything a bout this." The press has n o authority to direct. a Board in such a way.*

If the "act" against you involved turning down an ARC request, or withholding or restricting the use of common area amenities, or fining you, only the Board can act to make those decisions.

In addition, what are these "well - established standards?" Perhaps you can name them as they probably are common in most HOAs.

Agreed with others re: the tone of your letter to the Board, which, of course, you may send: Please avoid imputing "motives" for the behavior of the prez. Provide only crisp, solid facts.

* We have seen on this Forum ignorant, stupid or lazy boards that neglect their responsibilities and give a lot of power to the president. In doing this, the are NOT practicing their fiduciary obligations to the HOA.
SheliaH (Indiana)
Posts: 6,964
Posted:
This doesn't involve your neighbors - you can't even prove the president said whatever you're honked off about. This is starting to look more and more like a personal spate and for some reason you want to bring the entire world into it.

Stop it and act like an adult- focus on whatever was imposed on you and get that resolved. If you're still butt hurt, feel free to campaign again st him the next time he's up for reelection.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By SheliaH on 02/17/2024 2:25 PM
This doesn't involve your neighbors - you can't even prove the president said whatever you're honked off about. This is starting to look more and more like a personal spate and for some reason you want to bring the entire world into it.

Stop it and act like an adult- focus on whatever was imposed on you and get that resolved. If you're still butt hurt, feel free to campaign again st him the next time he's up for reelection.

Well said.

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