Homeowner commits fraud?

Get a lawyer ASAP and get an injunction against this person who is acting as an unauthroized officer or agent of the corporation.

Michele,

You said: "By the way, he would have needed more than a "say so" to release the liens. He would have had to have had a notarized instrument of some sort."

I don't think so! IMO, the recorder's job is not to determine the validity of any doc being recorded, but only to record it. It's not a requirement (at least by my Co. Recorder) that any doc being recorded be notarized.

Hi Setena:

Kindly tell us more of your story.

It is hard to believe what this homeowner did.

Why did he had to go and save this friends?

Thanks,

Gordon

If he signed his name on any legal document, it would be a forgery charge because he was not the authorized agent of the HOA. Get him on that one because that is definitely what he did. Can you file charges, you bet you can. Who drew up the lein papers? Most likely your HOA attorney? If so, I would think that he would be irrate and hang this bold so and so.

Michele - you said: Basically one is swearing to the validity of the information on the document.

Sorry, that's not true.

A Notary only witnesses the signature on the documents, NOT the validity/legality of the document itself. (Although the Notary should ask if the signer has read and understood the document they are signing)

There's no way a Notary would have the expertise to know validity of ALL the documents that come before him/her.

Our small HOA, had a couple of homeowners and a single BoD (member at large) notice a special meeting of the HOA members. The BoD member at large sent notices to members, then was was sent notice to stop this action, due to her "operating outside of her scope and authority." She did not, then we had these same group of individuals having members believing they could hold this meeting!

They (same group) even took over thepo box of the HOA and started a HOA bank account, all with a letter they created and they stated was the minutes of their HOA member meeting, signed by them. SHOCK of SHOCKS! This was accepted by the USPS and a financial institution who froze our accounts, and only when we (HOA)tried to make a deposit, did the recognized BoD Treasurer find out about the compromised HOA account. We went to the USPS and found they had posession of the po box over about a week (we only check for mail once a week).

All this, without notary or state filed information. We (BoD) even had to explain to members why Charter Documents did not allow these acions. It became frustrating explaining to members that the documents that govern the HOA are for all, not just the BoD members, due dilligence meant that we (BoD) had the responsibility to follow it and so does anyone who fights it.

Needless to say, it was very involved, and still not over. Legal actions and future legal actions for all of our troubles...make me wonder why the police and prosecuters love to use the excuse of "civil violations." Now thw HOA has to face all costs because they (local/municipal) have turned a blind eye (had they stopped the first trespassing violation and property destruction) with backing of our HOA rights.

We have been told to file against these individuals for all damages (financial) in small claims and make our demands to the police department to follow up on our earlier police reports and have these individuals charged for their felony actions.

This all stems from a basic belief by some, that it's easier to do what you want, then to ask and follow the rules and laws, that everyone is NOT equal under the law, needless to say FRAUD was committed and since this happened a great deal of slander by the non-BoD group.

Where do we go, to get satisfaction for the members, and the good name of the BoD, who are out the members money that it cost to defend against all this, and the actions associated with these vigilantes?

Yes, I am outraged, but there should be consequences, beyond a sorry, from a few of the members, but not all of those involved!

In our HOA situation:

It came down to, control by a few and ignorance, by most of the general membership, of the Charter's actual words and direction. Those that helped create, adopt and get approval of the documents and it's rules, ignored them.

Those that did not know all that was written and the obligations of the Charter, took their information from the few who said they knew them. Our insurance provider took exception, and said, follow the written document, if not, when and if you make a claim for your HOA you will be found in violation of your policy and your very own documents NO insurance coverage made us respond for the sake of all the members protection and privileges.

Most folks (members and non-members)never took the time to read and understand the Charter. The current BoD had to follow the advice and direction of outside counsel andour insurer applying the rules equally. thus the upset and upheavel. Those that ignored the Charter were told no more, that started the whole of our problems.

I guess the idea was that if you didn't like what the Charter said, you ignored it and told others to do the same if they wanted to support your ideals. The BoD became plantiff's to support and follow our Charter.

The real issue...do you know your own Charter Documents and the obligation by the BoD for their own protection to adhere to the and follow them completely, less you become responsible for your own BoD actions and legally liable for your own HOA's with no D&O (directors and officers) insurance for your actions, because you ignored or disregarded your documents?

Kirk,

A bit off-topic, but my impression is that the police (local, state, federal) are often an arm of the prosecutor's operations. For instance, the FBI is part of the DOJ which is run by the Attorney General.