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GeriT (Florida)
Posts: 6
Posted:
I am currently on the Board of Directors in my community. Due to some unfortunate dissent that has arisen in our developement, I have become less and less interested in the "Well Being" of our community. We recently required the election of three new officers (our officers serve stagered terms of office). The process several years ago was that a committee of people canvassed ALL residents for their interest in serving on the Board. It seems in the past two years, the nominating committee now only canvasses choice persons and return with a ballot of same persons who were vacating the offies on the Board. It states in our By Laws-
"The Nominating Committee shal make as many nominations for elections to the Board of Directos as it shall in its discretion determine, but not less that the number of vacancies that are to be filled. Such nominations must be from Members."
It seems to me that this is extremely unfair to the all the residents that are not even be asked to serve.

The second part of my question is directed to my potential removal from the Board of Directors. In the annual meeting minutes, a concern was brought forth by a resident regarding my non-attendance to the board meetings (I was not present). There has been occurrences in 2006 and 2007 where a board member missed three board meetings in a row and no voice of concern was heard. I must make you aware that there has been alot of rift in the development caused by a multitude of events and conflicts. I had brought complaints to the Board of an individual who dog was continually harassing walkers on the common road frontage. The matter became very bitter with vulgar language being ultized on me. My husband also checked into the appropriate permits required for a shed that was constructed on this person property and they were not granted. The County Ordiance was contacted and this person was fined. Following that event, a physical assault on me occurred along with a day in Small Claims court. Of course, my dear sweet neighbors would not accept the truth and we are not the "Neighbors of the Year". I believe it is because of these matters, I am being targetted. According to the By-laws, my removal from office would require a vote from the membership and I am sure that would be "Stacked Against Me".
I would like to know if anyone can advise me of what I can do to keep these bullies of the Board from ruining our developement?
SheliaH (Indiana)
Posts: 6,964
Posted:
First of all, I assume everyone in your community has the same bylaws as you do – if so, it seems to me nothing’s stopping anyone from attending a meeting and putting his/her name up for election. And if the Nominating committee isn’t doing its job, what’s stopping the residents from volunteering for that as well?

Check your bylaws – my HOA allows any homeowner to run for a position as long as he/she stays current in paying assessments. They also state if a board member misses three consecutive meetings, he or she is considered to have resigned from the board, and that brings me to your second issue – how many meetings did you miss? Did you tell the board president in advance you couldn’t attend and why? What do your bylaws say about board members missing meetings?

If you didn’t attend because of bad blood between you and some board members, it seems to me an executive session should be held to air all of that out – if you don’t think you can serve effectively with this bunch, you may be better off resigning. There’s nothing wrong with anyone asking why you aren’t attending meetings – that's what board members are supposed to do. If you don’t have a valid explanation as to why you weren’t there, they have a right to run against you.

As far as you and the issue with the neighbor with the dog – and the shed - I don’t think that should be related to your work on the board. However, it does seem to me there‘s more to this story (and we don’t know the neighbor’s side of the matter). I hope you didn’t use your position on the board to go after this person (because he/she is violating the CCRs regarding the shed and control of the dog). Someone else should have stepped in to mediate this matter so there wouldn’t be a potential conflict of interest issue.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
DonnaS (Tennessee)
Posts: 5,671
Posted:

Geri,

It seems to me that there needs to be some major house cleaning in your association and especially your Board. You are giving us many issues. I wholeheartedly suggest that you step back and take a good look at each item that you have written to us. Look at it objectively and try to figure out a better way of addressing it. It seems that everyone is postured for a fight. It is not worth it for everyone to be running in circles.

If other Board members are not following your documents, according to your perspective, then you need to document that. If you feel that a recall would be stacked against you, I would sincerely consider a graceful resignation and let others take the heat for a while. Going to court and a physical assault hardly seems like something that is enjoyable so you have to make a good decision as to what is good for you and what is good for the rest of the community. from this site, none of us can fix what seems to be terribly screwed up.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Geri - from your description in the quote of the bylaws, the Nominating Comittee is fullfilling its duty to provide the name of willing nominees for the board positions. If anyone else wants to run, all they have to do is follow your bylaws or state statutes for the procedure. You imply they aren't doing their job. How so?

If you have missed board meetings (willingly, on your part) because of an issue outside of the board's direct purpose, then you will have to accept the consequences. I agree with someone who said you should have asked the board for an investigation of the entire incident and kept your role on the board out of it.

There is no shame in resigning from boards. When it is no longer fun or at least comfortable, then it's time to move on to something else.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Geri and all.
Well Geri, you have gotten some good advice. I would be interested in learning a little more about the size and other stuff about your association.

Let me point out a fact that you learn simply from being involved in these associations, and this holds double for Board members. There are times when you need to step back and re-access, as Donnba says. But along with this you have to take a deep breath and swallow a lot of this stuff that is in your life stream. No matter what happens elsewhere, YOU have got to get it behind you and move on. All you have told us and all we can imagine does you or your associatiom any good. For your sake and your association's sake, you must change. We can't speak to the others, but we all know all this stuff you are writing is doing you no good. It is over, it is done, you will not correct the future by banging away at the past. Stop and think how much your association has suffered by all these actions.

Take the steps, if you are of a mind and your intent is not selfish and learn your documents and speak from your documents. Will you change minds? Some, I am sure, but more, you will find a comfort spot and stay above the fray and set an example, and as time passes you will begin to help your association as the actions of the Board raise concerns and certainly the effectiveness of your board is diminshed by all this claptrap. It takes a big swallow but the past is where it belongs.

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