Dangerous know all HOA'r who really knows nothing. !

Ok.. its that same issue again. We have a board member who thinks he can just go ahead and do things without checking the proper channels cc&r's or bylaws!

I filled a position on the board in Jan of 07 after a break from this commitee.. I walked into a new fiscal budget already planned on. Our building is visually not well maintained. Paint chips on wood missing, mismatched paint jobs where grafitti has been done, window awnings that are actaully torn and have bits of material haning off of them. I asked the board about their budget for 2008 as it did not mention or allow for new paint, or replacement of the awnings. I actually have an email from the stated know it all who actually said that the aesthetic appearance of our building didn't affect our over all property values and that the awnings on the building are in good shape! He also gave my husband money to get our car repaired when contracted outside vendor scratched our car. Not following the up and up road of getting an estimate, submitting it to the board and so on. The man was emailed by me and told him that the kind gesture was not his responsibility but I would go ahead return his funds and go the proper channels. He emailed me back and said he had a verbal agreement with my husband and that he didn't wish to continue this conversation with me but the proper car owner himself. That idiot didn't relize that my husband drives a car... that was mine before I got married, it's legally registered to me. My spouse emailed him, told him to treat me with respect like I do him, and for him to think that we are not on the same level or agreeement on things is his error.
That idiot never apologized.

** I emailed him the cc&r that stated the HOA is legally responsible to keep the building maintained if funds are available and it stated that each HOA member could be held legally responsible and be sued individually o and he stated he will be happy to see a budget set for this in 2009 and "Regarding our CC&R's and liability issues we are in good standing and on solid ground. "

He is a dominant figure and he is NOT the President. But he has every intention of running for president in April for our annual election.

What I would like to do is sum up with bullet points a simplified presentation of a picture of an awning with torn shreds, the cc&r reference to the need to maintain and an excerpt or quaote from an email and present this to our home owners.. door to door. Try to get them involved to either attend meetings or better yet, run for the board them selves.

ANy advice on the HOA'r who doesn't know the rules that he must abide by?

I'm not sure what you mean - running for president. Generally the board itself selects the officers from among themselves.
You don't mention the other board members or the actual presiding presidnet. What are they doing while this fellow runs the show? He is only one member of the board. He needs his wings clipped.

The current president does NOTHING, often supporting this fools actions. I am saying this man has stated he is going to run for the president position. He just assumes he is going to go for it! He doesn't know the process.

None the less, he is a dangerous liability in my eyes. Making judgements without consulting the board, telling us what will be discussed at the next meeting, how things will run, what our budget is going to do.... he hasn't even served a full year and he is a nightmare.

I guess I didn't make myself clear.. let me try this again.

We are voted onto the board by the homeowners. Then amongst ourselves and then we less formally name the different people to the different positions President, ECT. This man has openly told me he wants the Presidents position, and plans on "running for it". He doesn't know the process.... acts on his own and clearly thinks that he is well suited for this job. Has only served on the board for months as he accepted the position when another board member left mid term due to a conflict on the board. WIth that one person leaving it left the HOA in a bad predicament.

My point is he clearly is dangerous in the way he acts on his own, doesn't know the Davis Sterling Act, follow CC&R's ect. ( Like handing my husband money to get our car fixed, not to turn it into the board. Very shady guy with an agenda... yet unknown.

Is the idea of flyers going to work? Making bullet points on them in regards to the failure of the current board to meet their fiduciary requirements and gong door to door?

NoelleC: Would you kindly zero in on the point made..."Has only served on the board for months as he ACCEPTED THE POSITION when another board member left mid term due to a conflict on the board." Was this 'rebel' board member actually APPOINTED by the Board to fill a SEAT from one who resigned? Or, was this person actually ELECTED to his seat on the Board and the Board reviewed his qualifications and agreed for him to act as President.

It sounds as though your Association and Board may not be fulfilling the normal chain of elected seats to the Board; that is, unless your docs state otherwise to the process.

Would you post how other Board membe/homeowners feel about this person?

Well, if the rest of your board can't control this fellow, I would be sure that you have excellent insurance or be certain your oposing vote is recorded in the minutes. He sounds like a loose cannon that will most certainly create some problems that could get your board in legal trouble. Is he even aware of the Davis-Stirling Act? Harold

NoelleC, re-read my post; if this gentleman was appointed by the current board-members then they acquience to his presence and actions. The same way ou enter the board, is the same way that you can be removed. Appointed members, serve the remainder of unexpired terms (in most doc's), therefore this gentleman can be removed from the board by a vote of the board.

How is it that what happens in the board is confidential? I as a homeowner and a board member would like to know why things aren't being done properly. LIke ignoring our reserve studies, trying to impose special assessements when monies are in the reserve.

If I had not stopped these things from happening.. our homeowners are non the wiser.. I beg to differ,, but I would want to know what the hell is going on and what they are doing with our monthly dues..

How about putting flyers anonymously then? Would that be "acceptable"?

Let me get this straight, The association membership elects directors to the board and then the board "less formally name the different people to the different positions President, ECT"??? What???? Don't you have an ELECTION? I'm certain your bylaws must say the board ELECTS the officers. So, how does this appear in the minutes? Were they voted on? How is the result of the election of officers stated in the minutes of your last organizational meeting? Guess what. If you didn't ELECT your officers properly, you don't have any. You just think you have.

Here's the situation. You're supposed to elect your officers. If this guy wants to be president, he's got to get the majority of the votes from your board members. In other words, if you have a 5 member board, he needs 3 votes. So, the answer is simple. If there are going to be at least 2 board positions open, campaign like mad to get those 2 positions filled with people who won't vote for this guy. Then, with your vote, there will be 3 votes against this guy being president. Problem solved!