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AnnaD2 (Florida)
Posts: 960
Posted:
Many of you know that for two years we had the Board member from hell. She finally quit last year in a fit of rage over not getting everything her way. She continued to rear her ugly head and show her ugly personality throughout the past few months.

Well today we found out she's again running for the Board and her letter of intent reached the property manager's desk on time.

BUT, I found out yesterday (through the county public records) that the Internal Revenue Service has filed a lien on her property. I'm going to guess this is a "major" thing to have happen.

Our State Statutes do not prevent someone in this situation to be inelligible to run for the Board; but to me this action speaks volumes as to her character and I do not want her anywhere near the Association's funds. How do we get this information out to the people here? It IS public record, but we don't want to post it on the bulletin board or in our newsletter. We know she'll come after us legally if we do.

Thanks everyone!
TamaraW (Ohio)
Posts: 193
Posted:
Is this something you could bring attention too at the meeting when the votes will be placed?
DonnaS (Tennessee)
Posts: 5,671
Posted:


Anna,

It sounds like SHE'S BACK again. Boy, some people just don't get it when they aren't wanted. I would NOT make any effort to post or publish this in the association. Just because the IRS leined her doesn't mean that they will prevail. Usually they do but it is not over with her and them so don't jump the gun. It probably is lack of filing or paying her taxes. How dumb is that? Anyhow, when is your election? As long as she is up on her dues, she still is considered a member in good standing. My best guess would be to mount a good campaign against her. Are others running? Yes the lein is public record but I would not want to be responsible for other members finding out unless some accidental note was left some place in the open.:0
DonnaS (Tennessee)
Posts: 5,671
Posted:


OOPS---
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Sometimes it takes courage to do the right thing, as you see what is right. But doing the right thing is seldom without cost. You have to measure the cost you will bear against the benefit you perceive to the community. Sometimes the cost is too much and the benefit is too little. And sometimes the smart thing is to take no action.

Not an easy choice to make.

RW1 (Texas)
Posts: 149
Posted:
You seem pretty nosy to be "looking about" the public records of people you don't like.

What does that say about your character?

GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Anna, I side with you. RW's comment is beyond the pale. The public record is open to all, fairly. Indeed, it speaks well of your character to undertake an effort that few others might do.
AnnaD2 (Florida)
Posts: 960
Posted:
Actually, it's knowing the character of the people who will have access to our funds. We already had a past board president who stole almost $5000.00 from our association. We had a board member who was arrested for writing worthless (personal) checks. We've had enough board members who choose who stick their heads in the sand or turn the other way. It's those types of board members that have always gotten us in trouble in the first place. Because they did NOT want to do their homework or because they didn't "want to get involved"....their words.

I deeply appreciate all the replies and advise.
TamaraW (Ohio)
Posts: 193
Posted:
Anna, I think your checking public records was a responsible step and give you kudo's for caring enough to do such.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anna,
To add a little defense to your case, I know that you have been doing record searches to find your original date for your CC&Rs and that dumb amendment that I also tried to help you find. I give you so much credit for spending alot of your free time trying to get your association back on track. Good Job Dear Lady.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By RW1 on 10/03/2008 10:02 AM
You seem pretty nosy to be "looking about" the public records of people you don't like.

What does that say about your character?


And yet, I see it as responsible "due diligence."

I can't imagine hiring an employee without doing a background check.

Po-tay-toe, Po-tah-toe. . ..
BrianB (California)
Posts: 2,820
Posted:
Not intending to detract from Anna's diligence in searching public records, two things to remember:

innocent until proven guilty (i know, that isn't our executive branch policy, but it IS the US standard): Just because the IRS liened a home, doesn't mean the person is actually guilty. THe IRS has been known to overstep their authority at times.

Just because the IRS liens a property doesn't mean that X person did anything wrong: it could be a spouse, ex spouse, or even a case of ID theft.

Your diligence is comendable: if it looks like a duck and walks like a duck... just keep enough of your mind open to accept new facts, should they come to light.

JohnK3 (Pennsylvania)
Posts: 967
Posted:
Anna,

Good for you for waging your battle.

Q: This former Prez who hit your HOA for $5 big. Charged, prosecuted, result?
RW1 (Texas)
Posts: 149
Posted:
The [lien] matter and your opinion of her has nothing to do with her being eligible to run for the BOD.

YOU don't like her and have vilified her here to get the response YOU want.

Misery loves company.

Search all the records you want then see #1 sentence above.
AnnaD2 (Florida)
Posts: 960
Posted:
RW--I haven't given all the details in this thread. But those who know the problems we've had with her in the past are familiar with what we've dealt with before. Many of her actions while a board member caused the association serious troubles; many of which we've had to take to our association attorney for resolution. We're still "cleaning up" her messes from before she quit last time.

You're right; I DON'T like her. Anyone who causes damage to the association should not be on the board.

To all of you who are "backing me up", I thank you!!! BrianB, thank you also, for the information you provided! I'll keep it in mind!
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Anna,

I'll ask again. What happened to the Prez who you say stole $5K?

Or are you just speculating about the theft?
AnnaD2 (Florida)
Posts: 960
Posted:
I'm sorry John...I didn't mean to ignore your question. I was not on the board at that time, but I have copies of the minutes where they discussed it. That board gave her the opportunity to pay back the money. She did....with a check that bounced. The day that a board member was set to go to the state attorney/prosecutor's office, another board member drove the woman to her credit union and had her withdraw the cash to pay back the association. Within a few days the woman was arrested, prosecuted, and did jail time for an unrelated theft case.

She's since been back in jail---twice for various charges. I can't comment on how THAT board handled it; as I said, I wasn't on the board then. I'm not sure if our current board would have handled it the same way, either.
DJ1 (Ontario)
Posts: 798
Posted:
Billionaires on wall street have made financial mistakes but it doesn't mean they are corrupt nor does the fact the IRS has a lien on this person's home for some unpaid debt mean anything other than they have some financial dispute with the IRS. Maybe they are appealing it as well but the lien shows up right now.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Anna,

IMO, just because a person has an IRS lien doesn't mean they don't know how to manage money -- or shouldn't be managing money. In most instances it means they didn't pay their taxes! It's apparent you don't like this person and don't want her serving on the BOD; however, even though it's a matter of public record, I wouldn't recommend you getting involved in dispersing this info through out the community. If she did such a poor job as a board member in the past I would think the members would think twice about electing her again.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anna,
Just to expand on what Mary said, because this woman has been on the Board previously and did a poor job, that is the ammo that can be used against her. Make it a point to respond to her if she is not truthful in her resume' You do have that right to respond. Point out her errors concerning the Board. That should shake up a few memories from the members.
RW1 (Texas)
Posts: 149
Posted:
I am amazed at how people justify their actions.

Due diligence, background checks, etc.

Who vested you with this responsibility?

Who are you to judge?

You act in ways which you would despise if used against you.

If this person has done so much "damage" then what are the chances of his/her re-election?

How are the unsanctioned actions of an individual member the resposibility of the HOA or BOD?

Just another "know whats good for you" it all.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By RW1 on 10/03/2008 4:09 PM
I am amazed at how people justify their actions.

Due diligence, background checks, etc.

Who vested you with this responsibility?

Who are you to judge?

You act in ways which you would despise if used against you.

If this person has done so much "damage" then what are the chances of his/her re-election?

How are the unsanctioned actions of an individual member the resposibility of the HOA or BOD?

Just another "know whats good for you" it all.

On all of your points above: Fail.

I would totally expect people to do their due diligence in "vetting" me for a position of responsibility.

Not only would I NOT "despise" it, I would find it questionable if it weren't done.

I find that most residents in HOAs don't do it, much to their loss, grief and collective sorrow many times.

We learned our lesson with a past-treasurer and you can be sure, we run public-record background checks on all board nominees.

In my corporate life as a supervisor and hiring manager, if I didn't do even more in-depth background checks on my prospect employees and if I didn't verify their resumes and portfolios, I would promptly and unceremoniously be reprimanded, if not fired.

And, in fact, we DO run a deed title check on the prospective board members as a matter of course, along with a few other low-level, public record searches. It's all part of their qualifying as a member in good standing.

I don't know that a tax lien or any other lien against their title would necessarily void their application, however, an outstanding lien from our OWN organization would.

And we ARE to "judge" because we are the ones who would be "voting."

It's unfortunate that you don't agree, but your hostility to those who do practice completely appropriate screening is questionable in an of itself.

This isn't a backyard sandbox and we aren't playing rock-paper-scissors to work out who's going to be king of the hill.

RW1 (Texas)
Posts: 149
Posted:
I don't live in Kentucky.

But in Florida it's called illegal.

DonnaS (Tennessee)
Posts: 5,671
Posted:

RW,

As a former Floridian Board member, what is illegal about doing checks--vetting,-- on any candidate?
RW1 (Texas)
Posts: 149
Posted:
Where are you given the authority?

What is the criterion for "passing"?
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By RW1 on 10/03/2008 4:33 PM
I don't live in Kentucky.

But in Florida it's called illegal.


LOL.

What? Are you afraid they will uncover something?

Please provide the link regarding background checks or public-record checks, or "vetting" being illegal in Florida.

RW1 (Texas)
Posts: 149
Posted:
The OP is trying to find SOME WAY to prevent an otherwise eligible member from running for or acquiring a BOD position.

The rest of you "sheeple" go right along with it.

What BS.

Where's all the "what do your docs. say" questions?

She acknowledges the request is received in time:
"Well today we found out she's again running for the Board and her letter of intent reached the property manager's desk on time."

Next, the OP does some snooping on her own(or was this BOD authorized?):
"BUT, I found out yesterday (through the county public records) that the Internal Revenue Service has filed a lien on her property."

Next the OP slanderously, wrecklessly, passes judgement:
"I'm going to guess this is a "major" thing to have happen."

and continues to say:
"...to me this action speaks volumes as to her character and I do not want her anywhere near the Association's funds."

Next you invent authority in Florida to administer amateur, unathorized, background checks on behalf of an HOA without any criterion for passing and think your doing your "due dilligence".

I stand by my earlier replies:
"You seem pretty nosey to be "looking about" the public records of people you don't like.
What does that say about your character?"

and:
"YOU don't like her and have vilified her here to get the response YOU want."

Then others add:
"It's unfortunate that you don't agree, but your hostility to those who do practice completely appropriate screening is questionable in an of itself."

You can't accept that others disagree with you without perceiving it as hostility?
Just what is "questionable" about it?

This is a Florida case, Kentucky Law does not apply here.

MicheleD (Kentucky)
Posts: 4,491
Posted:
This is getting more humorous by the post.

Your hostility is palpable.

It doesn't matter what her docs say about her searching through public records. The docs probably also don't say she should wash her hands after using the toilet, but I bet she does anyway.

And please show us the Florida law that says people can't search through public records.

I don't think they'd be "public" if the public couldn't access and use them, but, hey, that's just me and my lil ole Kain-tucky brain.

Regarding my replies to her, I have only addressed her right, and, as I believe, due diligence, to do background checks on nominees.

But you can cherry pick our comments and spin them to suit your vitriol.

I can't speak to how she interprets them. I think plenty of others recommended that she not distribute them. That would be my advice, as well.

Even so, I also made the very reasonable comment that I doubted a tax lien would provide any support in classifying her as a member not in good standing.

But to clarify, in case you can't read the implication of that simple sentence, IF her documents specify that liens disqualify one from the board or from being a nominee, then so be it.

Ours do not. The only time a lien would disqualify a candidate for the board in OUR HOA would be if the lien were FROM US for non-payment of assessments.

Then the member would not be in "good standing" and could not be nominated.

And, you know, we probably SHOULD have a list somewhere that indicates against which members we have liens and which we don't. But, one never knows. One could have been filed years ago by a treasurer long gone and is somehow not in our corporate records.

So, off to the Property Valuation Administrator we go EACH. AND. EVERY. YEAR. when we compile the list of nominees.

A quick public records check will show all clear or not.

Eazy Peazy. And, bonus! Completely. Legal.

Well, except probably in FLORIDA, right? Because those types of records are SECRET, right?

RW1 (Texas)
Posts: 149
Posted:

Others have diverted this thread to be about them...

...but at its core, it is about the OP trying to deny another individual who is otherwise eligible, the right as a member of the corporation, to run for and possibly obtain office.

Because the OP thinks that an IRS lean is a major thing and that speaks of her character and because she doesn't want her near the funds, etc.

What would the vilified say of the OP?

Who's right?

This is terribly personal and quite unbecoming of a BOD officer.

I'm shocked how strangers, not personaly involved, find this conduct acceptable based on the facts presented here.

The OP has every right to seek and use the information she has obtained to form the basis of her vote.

It has no leagl bearing or merit to the corporation.

KirkW1 (Texas)
Posts: 1,665
Posted:
RW1,

While I can appreciate that you are concerned about people vilifying others for no real reason, I think you are so way off here.

First, there is nothing wrong with checking public records. There is a reason they are public. If there was no reason for them being public, they would be private records.

Anna,

I would not recomend the BOD do anything with this knowledge. And further, if you share it with people then you should be careful to do so as an individual and not a board member. (And make sure people know that you are telling them as an individual.

But I would rather suggest that you not start a smear campaign as such actions can have a nasty backlash. Unless you are facing a major turnover then her getting access to the funds should not be a problem. And if she is elected, then you could share the information with any other BOD member you feel you need to to prevent her from being put in a position to have access to funds.

As for the whole thing of a lien by the IRS, it simply means that the IRS believes that she owes a significant amount of money and wants some security for such. It doesn't mean she has even been accused of wrong doing.

All the same, it can give pause for thought before turning over the keys to the funds.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Let the voters decide. If she has been such a pain in the rear before, why would voters want her back?

Unless she is directly involved in the financial accounting of the HOA, i.e. writing checks or making deposits, her dealings with the IRS have little to do with her role on the Board.

Our treasurer is bonded.

RW1 (Texas)
Posts: 149
Posted:

This is not about public records searching. (thread diversion)

It's about trying to manipulate the BOD membership. Plain and simple.

Once you strip away all the personal bias you see the intention(s) of the OP.:
Smear someones reputation based on some information which has no merit in THIS context in hopes of preventing her election to the BOD because I don't like her.

Then asking YOU/US to help her find away!

Why should I, an OBJECTIVE observer, believe the OP is anymore trustworthy with the funds than the accused?
BTW: It's insulting [in Florida] to suggest that one person has sole oversight of the funds.

I call it the way I see it.
I don't care if you agree with me.
I'm not here for your acceptance or approval.

There is little objectivity here on this board.
But then again its only HOA Talk.

Be careful, in Fla. laws have changed regarding the personal culpability of individual BOD members action(s).

JohnK3 (Pennsylvania)
Posts: 967
Posted:
Quote:
Posted By AnnaD2 on 10/03/2008 12:14 PM
I'm sorry John...I didn't mean to ignore your question. I was not on the board at that time, but I have copies of the minutes where they discussed it. That board gave her the opportunity to pay back the money. She did....with a check that bounced. The day that a board member was set to go to the state attorney/prosecutor's office, another board member drove the woman to her credit union and had her withdraw the cash to pay back the association. Within a few days the woman was arrested, prosecuted, and did jail time for an unrelated theft case.

She's since been back in jail---twice for various charges. I can't comment on how THAT board handled it; as I said, I wasn't on the board then. I'm not sure if our current board would have handled it the same way, either.

Thanks, Anna. Good to hear at least THAT chapter in your saga had a happy ending.

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