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BryanG1 (Florida)
Posts: 43
Posted:
Our former President who up and resigned last year, taking most of the board with them, and leaving us with a mess, is still trying to continue to run things.

The first thing they did is call the Management Company to try to get the President to quit.

Ever since then, they have tried to pressure the President off the board.

Now, the former President is spreading rumors about board and committee members and telling other people (the people that resigned with them) to ask certain questions at meetings to try to make us look bad.

Additionally, this person is contacting the Management Company, from what I understand, on a daily basis and trying to continue to run things there as well.

It's getting to the point that it is becoming harassment. And it's also quite annoying because this person is also trying to "seperate" the neighborhood.

Is there anything I can do to get this person to stop??
MicheleD (Kentucky)
Posts: 4,491
Posted:
I would recommend continuing to do a good job, putting the needs of the community first, and letting your reputation speak for itself.

KevinK7 (Florida)
Posts: 1,343
Posted:
Could you instruct the management company and notify them that the board has changed and this person no longer has the authority to make decisions?
SusanW1 (Michigan)
Posts: 5,202
Posted:
Regular newsletters from the board help - packed with information, not gossip.

Time is the great revealer and the truth always wins.

PS. Why is your MC even taking this person's calls??
DonnaS (Tennessee)
Posts: 5,671
Posted:

Bryan,

As the others have said, why is the M.C. taking calls from the former President? Get that straightened out fast. The current Board are the only persons that the M.C takes any instructions from. If there is a problem with the M.C being friends with the former Pres, then change the M.C.

As for rumors being spread, rise above that. Remember the "sticks and stones" saying. Keep focused on the job of taking care of the association. This is high school stuff solet it go. If he continues to the point of harrassment, have the association attorney draft a letter, informing him that he is being liablous and should cease and desist.
AleshaZ (Colorado)
Posts: 10
Posted:
Quote:
Posted By DonnaS on 03/04/2009 6:43 AM

Bryan,

As the others have said, why is the M.C. taking calls from the former President? Get that straightened out fast. The current Board are the only persons that the M.C takes any instructions from. If there is a problem with the M.C being friends with the former Pres, then change the M.C.

As for rumors being spread, rise above that. Remember the "sticks and stones" saying. Keep focused on the job of taking care of the association. This is high school stuff solet it go. If he continues to the point of harrassment, have the association attorney draft a letter, informing him that he is being liablous and should cease and desist.

I would go with Donna here.
BryanG1 (Florida)
Posts: 43
Posted:
Quote:
Posted By KevinK7 on 03/03/2009 8:54 PM
Could you instruct the management company and notify them that the board has changed and this person no longer has the authority to make decisions?

I would love to, but as I stated in another thread, the PM confides in this person quite a bit because they have lived here for a long time.

The problem with them being libelous is that they are doing all of this stuff indirectly...sending other people to meetings to ask questions or make statements to make us look bad, posting on our community forums under a pseudonym (although I have matched the IP address of the user on the forums with that of the IP address of the former President), sending letters to the Board under a false name, etc.

And it's not the "sticks and stones" that bother me - I've dealt with much worse, it's the fact that this person will not give up, and I find myself spending an awful lot of time putting out fires that they start which keeps me (and the Board) from dealing with real community issues.

As far as the PM goes, I am going to talk to the Board about getting a new one.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Motion that that the Board write a letter to the MC outlining some policies and procedures for dealing with homeowners. In those policies should be some sentences about discussing association business with the press, other media, and other homeowneers. Keep it general, but specific to the issue that the MC should be talking to the Board and the Board only. Anything else is gossip and unofficial.

This letter becomes the "warning" - if the MC keeps it up, that could be reason for breaking the contract. Also, talk to the OWNER of the MC company about this issue.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Bryan,

I would suggest you discuss this with the assn's attorney. Depending upon the type of remarks being made, he may be able to send the former Pres. a letter informing him that legal action will be taken if he continues to spread untruths about the BOD.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By MaryA1 on 03/04/2009 2:25 PM
Bryan,

I would suggest you discuss this with the assn's attorney. Depending upon the type of remarks being made, he may be able to send the former Pres. a letter informing him that legal action will be taken if he continues to spread untruths about the BOD.

I might also have him draft a brief note to the PM informing him/her that further discussion of association business with non-officers may result in a breach of confidential information and could put the PM in a defensive position in case of a lawsuit.

Not saying that all HOA business is confidential, but a "better safe than sorry" sort of letter.
KirkW1 (Texas)
Posts: 1,665
Posted:
Quote:
...I would love to, but as I stated in another thread, the PM confides in this person quite a bit because they have lived here for a long time. ...

If this is how you truly view the situation, then it is time to cut ties and get a new PM. You may (or may not) be able to keep the company, but you need to change the manager at any rate.
SharonW3 (North Carolina)
Posts: 30
Posted:
As President of our HOA I have been harrassed via email, voice mail, and a letter sent to my employer regarding my "work ethic". The attorney for the HOA did send a letter advising this individual to "cease & desist" which the police tell me is worthless. She takes the letters sent to her, rips them up and throws them on my porch and I can't get a "no contact" order. Guess I have to be shot or stabbed before the magistrate hears me! Make sure the law is on your side before sending letters via the HOA attorney. My expectations must've been too high for our police to help me. Sometimes the legal stuff gets folks stirred up worse than before.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Bryan - whomever is presiding over these meetings needs to get a backbone. ALL speakers must be recognized by the presider. And if conversation gets off topic, then an "out of order" statement needs to be made and the speaker needs to leave the meeting.

If warranted, set up an ad hoc committee to interview these people and get their concerns in order. Then have the board liaison bring that to the board for consideration. But don't let your board meetings be used as a place to raise a ruckus.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Sharon - if this person violates a PPO, then you can call the police and action will be taken.

BradP (Kansas)
Posts: 2,640
Posted:
Bryan:

1. Your first issue is you need to put in writing that the MC communicates with the new board only and communication with the old board is considered breach of contract. If they are friends then they need to converse outside of business hours. I would talk to the owner of the company and if there is a governing agency in your state as well. I would also put the MC on notice that if this is not corrected in whatever time your contract states that you will terminate the contract with cause.

2. once you deal with the MC focus your attention on the former board, the reason they continue to do this is that they are getting what they want, whether it be attention, a rise out of you or other board members or just the mere appearance that they are getting under your skin. The best way to attack an idiot is with facts...know your information...be prepared...do not appeared bothered...answer their questions, but only once. If a question gets reasked at a future meeting politely tell them that has been addressed and reference when. Above all whoever is presiding over your meetings as Susan stated needs to get a backbone, needs to appear to be in charge and act as if they are in charge. Once this person realizes that he isn't getting what they desire and the effort isn't worth it anymore it will stop.

3. one other suggestion, those who are by the book may disagree with this, but if you as a board have your supporters I would encourage you to get them to meetings. Sometimes if you "accidentally" let one of your supporters tell these people what a bunch of idiots they are and they see that you as a new board have support then they may back off.

above all, make sure the fridge is stocked and the can opener handy!
BradP (Kansas)
Posts: 2,640
Posted:
Quote:
Posted By SharonW3 on 10/04/2011 6:34 PM
As President of our HOA I have been harrassed via email, voice mail, and a letter sent to my employer regarding my "work ethic". The attorney for the HOA did send a letter advising this individual to "cease & desist" which the police tell me is worthless. She takes the letters sent to her, rips them up and throws them on my porch and I can't get a "no contact" order. Guess I have to be shot or stabbed before the magistrate hears me! Make sure the law is on your side before sending letters via the HOA attorney. My expectations must've been too high for our police to help me. Sometimes the legal stuff gets folks stirred up worse than before.

Sharon...you should have a right as a homeowner to tell this person they are not allowed on your property and to get a no trespass order from your local police department. It may not be a PPO, but folks are not allowed on your property without your consent. At any rate remember that the squeaky wheel gets the grease...if she is constantly harassing you, document, call, etc. Sooner or later they will take action to shut you up.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
My bet is the community is patient with you new board members and leaders. Otherwise, why is the former president the only dues payer raising a stink? Sounds like a lonely battle on his/her part.

That said, there's great advice on this thread:

1. Keep doing what you see as best for the community.

2. Concentrate on cleaning up the organizational mess before turning to property projects that will be dependent on an organized board/business procedure to successfully complete.

3. Notify engaged property owners on the completed steps you've taken. Let owners come to your meetings to see the process unfold in terms of debating and votes. A newsletter used to solicit feedback or launch a policy debate is risky because you'll confuse people. I'll send an email about once every two months if there has been a big project completed. I leave the "We cut down a dead tree" emails out of the equation and let the website-posted meeting minutes hold that information.

4. Pay attention to how much attention and feedback you're receiving from the people who don't normally engage heavily in HOA politics. That's your barometer. The quieter this crowd is, the better a job you're doing. But keep them informed as best you can. They are the Silent Majority

5. The former president is certainly allowed to call the Property Manager but the PM isn't to take direction - only treat this person as a dues payer and serve their needs as they're paid to do. PM's who engage in rumors and drama would be subject to replacement at the appropriate time. This can be part of your organizational cleanup that appears to be your first plan of action.

6. Quit worrying about former board members. I've been there and done that. Ultimately, they'll either go away or it will become obvious they're trying to prevent the board from serving the majority of dues payers. The appearance of such pettiness is, in the end, embarrassing to the person who believes they are achieving the opposite by "going rogue."

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