💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AnnaD2 (Florida)
Posts: 960
Posted:
Hi Everyone! I want to thank everyone for their good advise and comments during the past year and a half when we battled the tyranical, bullying woman who was our president. The one who used Reserve Funds for personal agenda projects; the one who bullied us and publicly degraded us every chance she got; the one who quit the Board the summer of 07; the one who tried to recall us earlier this year and tried to self-appoint herself and three others as the "new board"; the one who deliberately makes our lives a living hell.

We've tried to be proactive this year by publishing news letters and letting people know the GOOD we've done this year. Our annual meeting is tomorrow night and guess who is once again running? Yup you guessed it! The Devil herself. We're all physically SICK about it and are dreading the meeting; even though we feel prepared and have a lot to offer should people question us about certain things. It's just amazing the illness this woman causes us. I could almost call it "terrorizing"...the way she makes us feel. If she gets on the Board again, I just don't think I'll be able to take her abuse anymore.

So I guess what I'm doing here is just asking all you good people to send some type of good "karma" our way, and to wish us luck. Any advise you could give us, or any words of encouragement would really mean a lot.

Thank you all!!!
DonnaS (Tennessee)
Posts: 5,671
Posted:

Anna,
The best of luck to you all. Dilligence at this has gotten your association moving forward. Remember, the power in numbers thing is your best weapon.
Donna
SusannaM (Florida)
Posts: 366
Posted:
Anna, best of luck. I'm in a similar situation but we all have to wait until 12/9 to bring overdue change. In the meantime, I'm trying to form a "coalition."

My question today is: do you guys think that a duly elected board member can transfer his powers to his spouse while he's deployed for a few months???
JohnK3 (Pennsylvania)
Posts: 967
Posted:
>>>My question today is: do you guys think that a duly elected board member can transfer his powers to his spouse while he's deployed for a few months???<<<

Not unless your docs say he (or anybody else) can. Plus, depending on your docs, he may lose his position if you have, say, a "miss 3 BOD meetings and wave goodbye" clause.

DonnaS (Tennessee)
Posts: 5,671
Posted:

Susanna,
I do not believe that this would be according to 720. The Board as a whole must nominate and position any new Board member. Under these circumstances, they might nominate the spouse but there certainly is no addressing this in Statutes and no wording in any docs that I have ever seen.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Donna,

I'd thought of your possible solution, but wouldn't husband BOD have to resign or be removed before wife could be elected/appointed?
SusannaM (Florida)
Posts: 366
Posted:
Thanks for the prompt replies. I'm afraid Donna may be right.
Our By-Laws are silent about lots of isuues and that's why we should amend so that new boards can function effectively and move forward. But that's another chapter.
JohnK3 (Pennsylvania)
Posts: 967
Posted:
Susanna,

Your docs don't address BOD vacancies? If not, then yes, you have a bunch of work in store.
DonnaS (Tennessee)
Posts: 5,671
Posted:

John,

IF Susannas documents do not address BOD vacancies, then they must follow our Chapter 617 Statutes, which are the Not For Profit Statutes, under which all HOA are registered.

In 617, there are 2 sections on filling vacant Board positions but they both state that the remaining Board members appoint to fill a vacancy. Those are 617:0807 and 617: 0809. Unless the association is close to annual meeting and election time, then they could just hold an election for that spot but this case, the guy being deployed does not want to give up his place on the Board. Therefore, the Board could fill his spot with his spouse.

I would not go that way unless the spouse has some Board credentials and would be an asset to the Board. They also could appoint a interum member.
MarianneG (Indiana)
Posts: 170
Posted:
Anna,
Will sure be thinking of you tomorrow and will be sending all the Karma I can muster to you. I'm hopeful that your newsletters to the community have made an impact and residents will remember the good you've done when they cast their ballots.

Be sure to let us know how it turns out.

SusannaM (Florida)
Posts: 366
Posted:
Quote:
Posted By DonnaS on 11/11/2008 10:13 AM

John,

IF Susannas documents do not address BOD vacancies, then they must follow our Chapter 617 Statutes, which are the Not For Profit Statutes, under which all HOA are registered.

In 617, there are 2 sections on filling vacant Board positions but they both state that the remaining Board members appoint to fill a vacancy. Those are 617:0807 and 617: 0809. Unless the association is close to annual meeting and election time, then they could just hold an election for that spot but this case, the guy being deployed does not want to give up his place on the Board. Therefore, the Board could fill his spot with his spouse.

I would not go that way unless the spouse has some Board credentials and would be an asset to the Board. They also could appoint a interum member.

Our current By-Laws do not cover absentee board members but they do allow for the board to fill a vacancy for the remainer of term. To bring the spouse in the interim (while he's deployed) may create more problems in the short run.
MarianneG (Indiana)
Posts: 170
Posted:
Susanna,

In one of your earlier posts here, you said you were trying to form a "coalition." I sure think that is the way to go. As someone else said, it's all in the numbers. So good luck. I hope a coalition will help.

You also mentioned the board member will be "deployed." To me that indicates a military deployment, which is an enforced absence. It's not as if he's going on an extended vacation for the fun of it. I wonder whether the idea of a mandatory, military deployment would give some credence to the idea of an interim person (maybe the spouse) to temporarily fill the position until the board member's return from military duty? Just a thought about a possible approach.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Marianne,

I am sure the deployment which ensures that he gets his job back might apply only to a paid position or job. In this case, a volunteer would not fall under that rule Federal law but the right thing to do would be to keep his Board position available for him on his return. Now, will the right thing to do be done? It's up to Susannas Board. Don't foregt, I'll bet this guy didn't stand on the street corner and yell--"TAKE ME, TAKE ME!
MarianneG (Indiana)
Posts: 170
Posted:

Donna,

I fully understand federal law doesn't apply to the board position, but that sure wouldn't stop me from pointing out to the board that this guy is serving his country and the board could honor his service by keeping the board position open with an interim --further, perhaps his wife would be a good choice.
AnnaD2 (Florida)
Posts: 960
Posted:
Donna, Suzanna and MarianneG thank you for your words of encouragement.

I don't know how my original thread got "hijacked"...just kidding. I wish there was a seperate post for the deployment issue because I'll bet you'd get a lot MORE responses if it had it's own title. In the meantime I'll pray your board member's tour of duty goes well and he returns quickly and safely.

I'll let you all know what happens after the meeting tomorrow night.
SusannaM (Florida)
Posts: 366
Posted:
Quote:
Posted By MarianneG on 11/11/2008 1:00 PM

Donna,

I fully understand federal law doesn't apply to the board position, but that sure wouldn't stop me from pointing out to the board that this guy is serving his country and the board could honor his service by keeping the board position open with an interim --further, perhaps his wife would be a good choice.

Donna, my neighbor is in the Navy, and he's eager to be on the board. He's been a member of the HOA longer than I've but has not participated 'cause he's been away on duty a lot. He said he's retiring in 2009 and would definitely run next year. The problem I see is that we have soooooooo many critical issues to tackle that I'd hate to delay the process. On the other hand, I hate the idea of not having him on the 2009 board.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Susanna,
I don't see the problem here. Number 1 Board member is being deployed---for how long? His term might well be over before he returns from deployment.

Number 2 guy wants to be on the Board. Appointment seems as the route to take. If the rest of the Board is concerned about number 1 returning to his seat on the Board, then appoint number 2 guy with him understanding that he is interum . One cannot let emotions get involved in doing what is right for your association. Do it kindly and hope that number 1 guy understands.
SusannaM (Florida)
Posts: 366
Posted:
All, I'm signing off to let Anne resume her tale.
AnnaD2 (Florida)
Posts: 960
Posted:
Well, we had our annual meeting and the voting for the "new" board. The meeting went fairly well, as the "beast" kept her mouth shut for most of the meeting.

When it came time to read who "won" I kept my eyes down and held my breath. The original five board members were all reelected and the members broke out into applause.

Thanks to all of you who sent your good wishes our way. We know "she'll" retreat for a little bit but we know we've got to stay on our toes. She'll be baaaaaaaaack.

Sad side-note......My husband told me that after the meeting, while everyone was walking home, the "beast" stopped one of our board members and said "something" to her. The next morning that board member had a stroke while at work and is now in the hospital.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here