Trouble with former board members and homeowners

Started by SharonW2 • 8 replies • 1349 views

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SharonW2 (Georgia)
Posts: 2

Posted:

We have a small townhouse community. The board is trying really hard to clean up after the previous board. We know money has been taken (kickbacks) however it is difficult to actually prove. The last president was dismissed by a unanimous vote by the other board members. Reasons also include failure by him of not paying his own dues, and had the treasurer play cover up for the past two years. An amount approximately over three thousand dollars. Now the former president has created a scene at the last election process, by sending his wife and 24 year old son, stating they want the entire board removed. How should we handle this! This board is an honest board and would very much like to see the community grow and thrive. Thanks for your responses.
SA
Georgia

SheliaH (Indiana)
Posts: 6,964

Posted:

If your treasurer hid the information about the president, I hope your association drop-kicked him/her also. You say you don't have proof of the kickback stuff, but surely you have it for his lack of dues-paying. You can handle that by filing a lien against the property and filing a lawsuit.

I really wouldn't worry about the wife and son - you don't say how small your community is, but I would think a formal motion and vote is required before anyone is put on or off the board.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

DanaB1 (Connecticut)
Posts: 319

Posted:

Quote:

Posted By SharonW2 on 01/18/2009 10:38 AM
We have a small townhouse community. The board is trying really hard to clean up after the previous board. We know money has been taken (kickbacks) however it is difficult to actually prove. The last president was dismissed by a unanimous vote by the other board members. Reasons also include failure by him of not paying his own dues, and had the treasurer play cover up for the past two years. An amount approximately over three thousand dollars. Now the former president has created a scene at the last election process, by sending his wife and 24 year old son, stating they want the entire board removed. How should we handle this! This board is an honest board and would very much like to see the community grow and thrive. Thanks for your responses.
SA
Georgia

Sharon,

I'd stay away from making statements that there were kickbacks taken unless you can prove such. You are saying there were but you can't prove it, so how do you know it happened? Kind of like which came first, the chicken or the egg?

Anyway, our documents state that an "officer" can be dismissed with ore without cause by a vote of the board but that to remove a "board member" it takes a majority vote of owners present at a special meeting to perform such.

Was this guy removed as President and board member or just President?

I assume all board members receive financials and not just the treasurer so how is it the entire board was unaware of the shenanigans for the past 2 years? With the litle I know I'd want them all removed but for reasons other than what the son and wife want them removed for.

We need more facts!

Dana

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Sharon,
Tough situation, but with persistence, consistency and a little Board muscle this can be handled. Shelia is pretty much dead on but maybe some steps first before action. Conduct business as if these folks don't exist, unless they follow the rules. Inform all present, each time they appear before the Board that all will follow the documents concerning any procedural changes they want to make. Make a general announcement to this effect.
State that at each Board meeting any owner may have 3 minutes to air concerns before the Board. If the member wants a written response to their concerns they must submit to the Board a written request for same and state specific questions. The Board will not and can not serve as legal council to any member for any reason and their collective recommendation is if their procedures do not produce the
desired result, the member has the option of seeking private remedies.

I would not entertain any motion or request for dialog that deals with the past boards problems. The present board has been legally elected and seated and will remain seated until Covenant conditions are met and they dictate some change. If there is a record of the proceeding of the last recall, and there should be, I would offer any member the full record for their perusal or to copy.

MaryA1 (Arizona)
Posts: 7,043

Posted:

I think Sharon is requesting advice or thoughts on how to deal with the ousted board members family and their demands.

IMO, the board pres should be prepared to remove anyone from a meeting who causes a disruption. If you have reason to believe this might happen at a meeting be prepared by having a police officer of sheriff's deputy on hand. As for the demands of these people, I would just ignore them. If they start making unfounded accusations against the board members, a letter from an attorney can put an end to that. Otherwise just listen to their rantings then thank them for their "input" and continue with the next agenda item.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Sharon - you said:"

"Now the former president has created a scene at the last election process, by sending his wife and 24 year old son, stating they want the entire board removed. How should we handle this!"

Come on - you really have no idea?

Start to worry when they begin to carry out the procedural steps needed to recall the entire board. Your bylaws or other documents should outline the steps.

I doubt if they have the energy to do this.

Your board needs to concentrate on board matters and stop worrying about the past.

Have disruptive people removed from all meetings, if necessary. But any member does have the right to register their concern about the board.

DanaB1 (Connecticut)
Posts: 319

Posted:

Mary and Susan,

No offense to Sharon but I really feel we are far from knowing the whole or even most of the story going on here. I still want to know how an owner can not pay fees for several years and not all the board members know. Sharon, are you self managed? Are you a member of the board?

Dana

SharonW2 (Georgia)
Posts: 2

Posted:

Thank You all to who responded. We are a small community of approximately 70 Homeowners. We as a board are all learning together. This community has had alot of trouble in the past. We are diligently trying to correct and asure all residents that their dues will be honored and appropriated. Thanks Again

RobertR1 (South Carolina)
Posts: 5,164

Posted:

DanaB,
Valid questions and concerns . Information may help any response, however, at this point, I get the sense they are being careful and
maybe not as forthtight as we would like in order to protect the association.

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