Angry Board Member threatening to take Executive Session items to homeowners.

I know someone can advise us on this.

We have a boardmember who has only be serving for about a year with us. He is behind in dues to the tune of 4 months. ( our docs do not prevent him from being on the baord despite that, already checked. ) and his home is near foreclosure, we are just waiting for the notice on the door as a tell tale sign he's leaving. His debt to the HOA is in collections and is being pursuid via our collection policy like everyone else.

The board member is very angry more than likely at himself for his situation, but every chance to lash out at the board he is there. He hasn't been to the board meetings in two months ( no can't remove him for that either, due to our governing doc not specifying attendance ) and he only is responding to items via email at this time. ( we do not conduct business this way nor do we make decisions this way) He picked up his HOA meeting packet ( statements etc last month) He clearly does not approve a few of the decisions the HOA has made regarding reimbursements to vendors, projects started etc. maintenance of property, gardening, paint. He thinks it should just wait until next year.

He actually emailed this to the entire board including the property managment company, his emails threat to take us all to court for this or that, he is blaming the president for payment to someone who's car was damaged with vendors onsite ( yet another issue ) and this is executive session items. He claims he is going to put out newsletters pointing out what he beleives is faults to the board, collection practices, embezzelement items, and best yet... the private insurance claim on a homeowner who is planning suing the HOA for car damages. the list goes on........

Please be advised the subject he is venting about is clearly an executive session item. It always has been and due to the nature will continue to be...

His email has been edited for privacy, and this is just a small portion of it.

One more thing......... Ms. XX' auto has never been repaired.
This is smelling pretty bad.
XXXXX, just a question; Is it you that is pushing/made a motion to pay the $1237.00 in executive session (as opposed to open session) without an agenda item noted in our meeting notice?
Are other board members willing to be named as accomplices with their supposed unanimous vote to pay the money out, outside of open session and proper proceedures? Or were they merely coerced with your inaccuracies regarding the subject matter?
If this matter is not resolved above board with transparency per the federal Act and the check is signed and posted illegally I will pursue a legal investigation through the State Attorney General's office as a means of maintaining the legal and fiduciary responsibility of our association.
I want to make it very clear that I am not a party to this possible illegal activity. I plan in notifying every homeowner in writing of this. I also plan on suing the entire board for not sticking to the law... not posting this as a open agenda item for all to see.. you are all going to be affected....

I am most confident this will work out. I along with the PM and the rest of the baord are preparing for anything from this person. I do beleive his anger is fueled by his own pending loss, and unfortunately he is being dealt with like every other homeowner. I do not beleive if he doesn't have $$ for dues or a mortgage and recently lost his car.. there is no funds there for an atty retainer, but like you said many atty may take him.

Francesca,

IMO, the BOD should make a note of all the inaccurate accusations he has made and gather evidence to disprove them. Then, if he follow through with relating this misinformation to the members of the assn the board can have their attorney send him a letter demanding he stop with the false allegations or legal action will be taken against him. The ball is now in his court, but the BOD should not be afraid to act if he persists. Making these allegations to the BOD is one thing, but if he goes to the members then, IMO, he has crossed the line!

Francesca,
I, like Susan, want to make you aware that all votes and decisions should be done in open session meetings. Only pending and current legal matters,meetings with an attorney and personal matters should be in executive sessions. You would be required by Statutes in Florida to make all meetings open except what I listed so this guy does have some legitimate gripe on how this was handled.

Perhaps I am misunderstanding. The executive session items he is raving about the one in particular is a pending legal matter is an executive session right now. He is threatening to take this to the community along with other claims of inpropriety. However.. his claims will not be able to be supported. They are unfounded in many comments from him are outright lies.

I am not sure how this will pan out, he is nearing foreclosure, owes the HOA over $100o in back dues frankly I just think he is mad at the world. The sooner this man leaves.. the better we are off.

We are under advisement of an atty. and from what he has reviewed there are several claims this man has made that can' tbe supported by him as he voted on many items he is complaining about. Perhaps it't time to exercise the exerpt in our docs that say we can remove someone from the board if we as a group feel he is unable to full fill his role, his actions, claims are nothing short of providing us with enough information to possibly deem him incompetant.

I think where my confusion was is that for the most part the legal stuff this guy was talking about until this time was ES. It has not be finalized, which would be done in our open meeting.. So sorry folks. But as I said what this man is threatening to bring out will make it out in the minutes on it's own.... this month actually. I do apologize for my misunderstanding !