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DeniseC1 (Pennsylvania)
Posts: 25
Posted:
I live in Pennsylvania. There seems to be a different set of rules for Board Members and the Common People in our association. Our Vice-President has been driving his vehicles on common ground when our rules clearly state that he is in violation. The first time I saw his vehicle on the commond ground, I took a picture and submitted it to the board. I was informed that he gets a warning. Just recently, he had a very large pick up truck deliver wood to the back of his residence; also by gaining access via common ground. I took a picture of that too. The Vice-President called me a "f____ bitch". Our bylaws state that if board members are breaking the rules, their voting priviledges will be suspended. We have a board meeting this upcoming Wed. At all of the board meetings I've attended, the board members seem to just make up the rules as they go along to accommodate themselves. I'm anticipating there will be no action taken against the Vice-President and he will be permitted to vote as I've witnessed many times in the past. My question is...what right do I have at the next meeting to enforce a fine (I asked the Property Manager about a "schedule of fines" and was informed they don't have one, that is not public information). Does that mean they can just "fine at will" depending on the status of the individual Board Member versus Common People? and what rights do I have to know what action is taken against this board member (the Property Manager has informed me that I don't have that right, it is not public information, all discussions regarding violations of homeowners are held in a closed meeting by the board members).
SusanW1 (Michigan)
Posts: 5,202
Posted:
What exactly do your rules say about common grounds?
Can someone park overnight on it?
Can they use it to get to their own property?
"Use" should be defined - and there should be a clear cut procedure for violations. (But I'm not sure if he is guilty of any violation)

DeniseC1 (Pennsylvania)
Posts: 25
Posted:
The rule book states "parking or driving of any vehicle on lawns and/or tended grounds of the property is strictly prohibited"

Also, the bylaws state "The Board of Directors shall have the power to: Suspend the voting rights and right to use the recreational facilities of any member during any period in which such member shall be in default in the payment of any assessment levied by the Association, or for any infraction of published rules and regulations during the continuation of any such infraction.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Denise,
What exactly is behind all this animosity against the vice president. I don't ask you to specify what you are accussing him of, just asking is there more here than meets the eye. For any Board member to call another a F..... B....., to me is a lot more serious than driving a car on the grass. I think if I were you I would send the Board a certified letter asking that this member be censored by a Board letter. I would also cite the pertinent clauses that relate to his violating the documents. I would request an answer in ten days, and state that you intend to seek a court resolution if they don't reply. You sound very serious about all this and your proper procedure would be to ask for resolution through the BOD. If they ignore you I would hire an attorney to write a letter, and follow their advice. I would also note in the letter that you had no choice but to seek court resolution, but you would be agreeable to a private meeting with the Board absent this offending member.

Try anyway possible to handle this in house. This advice is given under the assumption that you did nothing to contribute to the issues. You have a perfect right to question the board and you have a right not to be assulted verbally. IMHO
DeniseC1 (Pennsylvania)
Posts: 25
Posted:
Thank you for your response. Actually the only animosity would be towards Board Members in general (setting the wrong example). I'm not sure if you read my other post "Board Member Breaking Rules" regarding the President and his actions putting a dog run on the common ground. They appear to be power hungry. They are violating the very laws they are imposing and fining other homeowners for.

I don't feel I did anything to contribute to the issues. I believe the Vice President is quite irritated by me photographing him violating the rules, hence the foul language. This would be the second time I've photographed him driving vehicles on the common ground. I submitted the first to the board and was informed he would receive a warning letter before any action would be taken. I never spoke to him or provoked him in any way. I used a very long zoom lens to take the photo; so I was nowhere near him; yet he yelled the profanities loud enough for me to hear.

I would welcome sitting down with the other board members but they are just as guilty as the Vice-President and they all seem to have each other's back.

What do you mean by "censored" letter.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
The Board should not endorse bad conduct by one of it's members by just ignored the information they have about a member swearing at one of the homeowners. They should censor his conduct, just the same as if a HO comes to a meeting and curses out the Board. That action would protect the Board from any involvement.

Sure the Board members should have each other back, they have to show they are aware of what is going on. That is a far cry from supporting or ignoring a Board member acting in a threatening manner.
Denise, to be frank, what you are up against took a long time to form, it will take time to change, it is a hard job, not gor the timid, but it can be changed over time, it happens every day. There will be no sweeping changes likely, but little changes over time. In the end all will benefit. I really think that a sit down with the Board with you to discuss common goals as opposed to disagreements. Volunteer to help in those common goals.

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