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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

RuthL3 (Florida)
Posts: 2
Posted:
Our BOD has forced a Board Member to resign based on false information. Another Board Member knew..that it was false...she and another Board Member went to our Attorney with this information and had the Attorney write the first BM the letter asking for her resignation. How will get the 2nd BM off the Board? Also The Board is spending money on non-bugeted items and taking additional money from our reserves for other than capitol improvements which is in violation of our documnts. What can we do as Homeowner's.
BrianB (California)
Posts: 2,820
Posted:
read your by-laws for how to conduct a recall vote, as well as all the rules on how to spend money, who can spend it, on what it can be spent, etc... you need to know more about the rules of your HOA than the board does, and hold them to it.
MicheleD (Kentucky)
Posts: 4,491
Posted:
How many board members do you have?

How does one force someone to resign on false information?

So--

We have one board member who resigned (forced out on false information?)

One board member who knew it was false.

Another board member who also apparently knew it was false.

Those two went to an attorney who wrote a letter -- asking "the first" board member to resign.

So is that a fourth member or the board member who was forced out?

I can't decipher this sentence: "How will get the 2nd BM off the Board?"

Then there is apparently a second issue, that applies to all board members (even the one who was forced to resign and the 2 who went to an attorney over it).

That issue is that they are misusing HOA funds?

What sorts of items are they spending on, if not budgeted items?

How much money have they diverted from the reserves?

Is the HOA short on funds due to delinquencies? If so, this might be key to the other funding issues.

Sorry, Ruth, just seeking clarification.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Anyone can "ask" for a resignation, but that's about it. The "suggestion" must have been very powerful for a BM to resign because of a suggestion.

The BM would have had to write a resignation letter or give a verbal notice of resignation at a meeting, the resignation accepted and posted in the minutes, and then the vacancy gets filled. (however)

In short, if this BM really wanted to stay, he/she should have forced the board go thru its own process for removing her/him. Make them go thru the steps, as they are.

MaryA1 (Arizona)
Posts: 7,043
Posted:
Ruth,

Sorry, but your message is a bit confusing. If I'm getting this right, one board member resigned after receiving a letter from the BOD's attorney asking for her resignation, which was instigated by two board members. Then you ask: "How will get the 2nd BM off the Board? Who is the second board member you want removed? How many members are on the board? Why are the other board members allowing just two board members to make this kind of a decision?

Spending money on unbudgeted items is not such a big deal. Sometimes something comes up that wasn't budgeted for but really needs to be taken care of now. As for using reserve funds for other than their intended purpose, that is something that should be investigated, especially if it is a violation of the gov docs. You ask "What can we do as Homeowner's"; but aren't you a board member? As a board member I would be going on record to say that I do not approve of this and stating the reason why. I would be admonishing the other board members for willfully violating the gov docs. If my words fall on deaf ears then I might be inclined to inform the members of what is going on. I say "might" because I don't know what your gov docs say. What is the exact wording of the clause which prohibits this? If there are extenuating circumstances, i.e. not enough $$$ in the operating fund to pay the bills; then it may be justified even if it is a violation of the gov docs. If bills are due they must be paid!
RuthL3 (Florida)
Posts: 2
Posted:
I apoligize for my poor wording in the first message. I am not currently on the Board but have served in the past a number of times. Apparently there was some anamosity between 3 BM's at a meeting. The first BM, the VP wrote an e-mail requesting that certain things be on the agenda for the next meeting, one of those items being calling code enforcement for help with building violations that are the responsibility of the homeowner.. 2 BM's, the Pres. amd Treas. took it as fact that the VP had called Code Enforcement when Code Enforcement made rounds in the Community. In reality an other non-Board homeowner had made and admitted to having made the call. The Pres and Treas went to the Community Attorney and had him write a letter requesting that the VP resign. Reason being that the VP was acting as a rogue BM. From talking to the Tres I became aware that the Tres knew before they went to the Attorney who had actually called Code Enforcement but that the Pres and Treas no longer wanted the VP on the Board because the VP "didn't see things their way and made it difficult"...
2...Our budget is very limited, arrears are high, yet the Board or at the approval of the Pres and Treas..things that are non-budgeted items are being done..such as spraying for whiteflies at a cost of $1800..for a 1x spraying..repair? of relatively new trash bins..1700. replacing light fixtures with next fixtures rather than using the ones all ready there..repeative mailouts by the Property Manager with redundant information at the cost of approx $400 per mailing and we are at #3 for the year so far....There is talk of replacing our car decals which at this point are only 2 years old anothe$350-500. We have barely enough to meet our monthly expenses...these items that granted are small amounts add up are also not capitol improvements...Personally I am afraid unless things change we will be facing a severe deficit by the end of the year. Our quartly maintainence is so high that selling your unit is impossible ..the board does nothing to work at redcing it..such as try to renogociate a loan that we have, see if we can get insurance cheaper..perhaps drop the cable that cost over $8000/month...
There is a certain arrogence by the current Board that they can do as the please...but the big problem is getting enough homeowners interested in the Board's activities...Help...because I now feel trapped into living here..
SusanW1 (Michigan)
Posts: 5,202
Posted:
It seems that you should track down the MOTIONS in the minutes where these expenditures were approved. That might give you some clue as to the funding source, since that would have been discussed.

OR

Ask to see an itemized budget where these items are listed for purchase. This annual budget would have been approved before and so these expenditures are already known about.

It is mysterious that you say this board is spending this kind of $$ and don't know how they are going to be paid for. I have a feeling that there is more information to this issue.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Ruth, I'm sorry you're going through this.

Try to step back and take a few breaths (I know it's easier said than done).

So you are saying that you currently only have THREE board members?

And that one of them has either resigned or has been asked to resign?

At any rate, were I the board member in question, I would call the other 2 directors' bluff.

Unless the governing documents give them the power (which I doubt it does since the letter was onl a request for resignation, not a move of censure or warning before removal process begins), then it's only posturing on their behalf.

Quite frankly even if the accused board member did contact Code Enforcement, that is hardly anything that can rise to the level of removal as board member.

It's just silly to position it as a board removing action.

It's like saying one can be removed for calling the cops if one sees someone breaking into a neighbor's house!

If there were city or local code infractions, I would almost take the position that a board member who knew about them, but ignored them might be the rogue member!

🎯 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