California - how would you describe this notice?

Non-compliant to your documents.

No, the entire board is not against me.
No more court.
I want to evaluate if this is a valid notice or not.

I raise the question because the president threatened me with discipline for sharing the Zoom information with members.

Thanks ElleN and everyone.

Our bylaws say “executive session” but it wasn’t.
I asked during the meeting what rule I had violated. President said board would be voting on discipline! Probably first that board had heard of that - all reasonable people. When president said this violation could not be tolerated I asked what rule? Did you make it up? There’s an article online about HOA tyrants…such is my situation.

Sounds like double top secret probation for you.

With no Board policy on discipline (sometimes called censoring), the prez can do nothing. How can it be on an agenda?

For fun, you could place something like "Censure Procedures of directors" on the next open meeting agenda. Then you and the other directors specify what COULD be censured. And vote on it. One could be censure of a director placing items on agendas that are in violation state laws and your documents.

I think typical ones are revealing executive session discussion or votes. This seems to be what th prez was driving at even tho' there's no such meeting as an "Executive Board Meeting," so you didn't violate anything. I believe you can find suggestions online.

Will you put this on a meeting agenda, Terri? Since it's not a personnel matter, it needs to be at an open meeting. I don't think you board meetings every month--can't remember. So you bylaws will all you who may call a special meeting of the Board. Usually the president or any two directors.

If silent, see CA Corps . Codes in the 7000 area.

Why/how should he respond outside of a Board meeting?? How is it that he has complete authority to hire your Association's attorney for his individual issue? What does the contract say?? Are you saying that members will pay for him to contact the attorney???

Ours permits the prez to hav 15-minute easy questions to our HIA an attorney. But for an opinion, etc., the board needs to vote to consult with him.

I f the contract is unclear-- a retainer?- place on the next open meeting agenda a policy about who/how. etc. the Asso.c attorney may be contact and not on it.

How, in CA HOAs, does your letter or his responses mean anything ???? Action--decisions by the BOARD--can only be done at noticed meetings. You know that. Why are you waiting for him to respond ????

Your letter should have been an agenda item to remove director xx form his office as president. Why was it a letter instead??? If the prez refuses to place what you should have done on an agenda, call a special meeting for the goddess's sake. The vote for removal must be in an ipse meeting, but the vote can be secret ballots.

You "wrote" and distributed" a policy last month. WAS IT an open meeting agenda item? If so, why wasn't a motion made and a vote taken?? The prez has no authority to make decisions unless y'all let him. He has one vote.

At the next open Board meeting have an agenda item permitting the Board to request invoices from the HOA attorney. Vote. Send a request to the attorney. If he truly works for your asso. --owners' dues are paying him--he cannot refuse a written request from the board. If he does, the BOARD needs to hire a new HOA attorney. WHAT does your retainer with him says?? Who signed it?

As much as you've learned about CA statutes, which is praiseworthy, you seem to have trouble translating them into actual real life Board meetings, agendas, etc.

Kerry, all your advice is well taken. Thank you.

He cut us off before discussion was finished. He claimed he had only 40 minutes of time on Zoom even though we have a subscription. He rushed the votes. He made a motion to adjourn but there was no second so he just said good night and we'll talk soon.

One explanation is the usual: A majority of the directors (1) are either rogue or do not like to take on conflict; (2) are calling the shots; and (3) are allied with the President-director.

Director TerriS6 has shared her response. She seems to be on the right track. Let's see what happens.

You've written that not all directors are against you, Terri, so that's good. Is this new treasurer a new director too?

I'm very curious about the prez having the Assoc. attorney reply to your long list of complaints. I just don't understand how that works. will you keep posted

YOUR BOARD must make policies & decisions at meetings. Place items of business on an open Board meeting agenda.

1. All proposed expenditures over $xx must be approved by the Board at a duly noticed open Board meeting. Motion, second, vote.

2. Send request to Assoc. legal counsel for a copy of invoices* for 2023 and 2024. Motion, second, vote.

Add some I've suggested above, e.g., policy to adjourn, etc.

As you know and have cited elsewhere, CA HOA Associations must review their financial statement every month per CA law. Craft an agenda item to "reaffirm" that the Board adheres this & cite Civ. Code exactly.

If these and others cannot be done at a regular open meeting, call a special meeting of the Board. If you're sure you can get a quorum to attend, call it soon!

* It's possible that the Attorney doesn't need to include you in his invoice copies since some may involve your small claims court actions. If this is the case, your board can exclude you from the recipients. But all other directors would have this info, and you'd have info for matters that did not concern you. I know nothing about this type of issue.

So the Board would vote would be against your items? And the prez knows this, how?? So the Board IS the "brick door?"

There shud be no "treasury repot." On agendas, for HOAs, there usually is a Treasurer's Report, when, in Ca, the treasurer would remark about the month's expenditures, etc. There are sample online of HOA agendas.

Both of your agenda items, in my opinion, belong on the agenda under New Business.

Who prepares the agenda?

You know _ I really think you'd benefit form skimming CAIonline.com' Board Members Tookkit.

I think board would be in favor but brick wall president, not the board, would not allow discussion.
Brand new treasurer, no reports yet.
You would be very busy detailing all that is wrong with our self management.
I think the president's wife prepares the agenda and nobody takes minutes.

No matter that the treasurer is new. Your initiatives should not be in the Treasurer's Report.

How can the prez stop discssion??? Or motions?

As you well know,Terri, minutes are required by at the least, CA Corps Code.

You already HAVE detailed what's wrong and it is a Board that refuses to make policy. And that doens't know how meetings should be conducted.

If you all are giving in the prez, do remember that you ALL are liable for mistakes he makes that affect your community.

I'll absolutely agree that without a Board that has a backbone, your task is very hard. Board majorities get many things done with agenda items, motions and votes.

I see that on no one else has a shred of advice for you.

I had to leave a Board like that for a year, and ended back on with a new Board majority. You may have to do something like that.

By any chance is your Board required to follow Robert's Rules of Order??

Impossible is my specialty! Robert’s Rules are only required for our member meetings but those are usually a free for all.

What motion or action did the prez raise against you? Was their Board action (a VOTE) of any kind? Since minutes aren't taken of your Board meetings, how could any such vote, if it occurred, be enforced or whatever?

What, based on your "letter" do you want/expect from him?

You haven't answered Kerry's question - what do you want to happen now?

You've had several conversations on this website about this board and tge president in particular, and to be blunt, I don't see anything changing unless one of you blinks. That's what this guy wants - stonewall you to the point you quit in disgust or get voted out because people think "all those lawsuits Terri filed, she finally got elected to the board, but didn't do a damned thing. Next!" It wouldn't be true, but many people tend to vote for whoever screams the loudest, thinking they're passionate, when in fact the racket distracts from the fact the shouter doesn't know what he's doing or doesn't care.

You say not everyone on the board is against you, but I haven't read where those people actually stood up and spoke in your defense. The man is board president, not God, and he has one vote, just like everyone else. Don't your colleagues understand they could outvote this guy and possibly remove him as president if he doesn't grow up?

Until your board colleagues grow a spine and a pair, I think you have to regroup and consider what's really important, then get the homeowners on your side. Ultimately they have to be the ones to send a message to the president where he either changes his tune or gets dropped from the board altogether. How that happens, I don't know, but you need allies who will come to these meetingsand see for themselves. Or you may need to return to suing the association. Good luck 8n what you choose to do.

What I want to happen now is not going to happen now. I was standing up to a bully…a tyrant…a false accusation. For the record. And from a law firm article are the traits of an HOA board member tyrant:

Authoritarian leadership
Lack of transparency
Selective rule enforcement
Intimidation tactics
Resistance to accountability

All of which are present.

It takes a board majority.

If the president was accusing me of breaking some rule, I would think he would need board approval to make an accusation. Since there is no policy for discipline or censure, he would have had to give me 10 days notice to meet and confer (IDR) and the notice would have had to include the written violation that supposedly occurred. That is the default procedure. Instead he just blurted out a charge during the meeting.