Ex Board Member Will Not Give It Up??

Started by FrancescaM • 11 replies • 1216 views

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FrancescaM (Washington)
Posts: 264

Posted:

Hello again! Our new Board was elected a week or so back. One of the old board members didn't make the vote this time. We are very excited, time to start working anew with a partial group of new greenies! It's a good thing.

The concern was brought to me by our current President. Our old Treasurer has more than a few things that need to be returned. Including club house and office keys, account information and the software to program our security door. ( there is more than that but I am sure you get the jest of it. )

Our President asked the ex board member to bring her keys to the board mtg so we may give them to the newly voted on peeps. It didn't happen, the excuse she would bring it to us before the end of the night. It didn't happen. I know we have asked 2 other times for them to be given back including someone going to her front door to no avail. I know the board member is a little upset about not making the cut, but I would like to think she isn't being spiteful about this.

What is our next step? She still has HOA property and appears to be doding us?
Thank you.. any advise would be much much appreciated.

KathrynM5 (California)
Posts: 8

Posted:

Have you requested these items in writing? I would begin there. If no reponse seek legal advice.

FrancescaM (Washington)
Posts: 264

Posted:

We are doing that as our next step, but find it really an oddity that we even have to go there.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Francesca,

Definitely send a letter listing everything that is to be returned. If, after receiving a written request, she still does not comply, the next step would be to have an attorney send her a demand letter. If she doesn't comply with that, the next step would be to take legal action. I doubt it will go that far, but of course, one never knows.

RogerB (Colorado)
Posts: 5,067

Posted:

Fancesca, I would phone and tell her you are coming by in a couple of days (arrange a date and time acceptable to her) to pickup all of the HOA's property. If she refuses then tell her the matter will be turned over to an attorney and she will be assessed for any costs involved (if your Declaration of CC&R allows it).

JohnK3 (Pennsylvania)
Posts: 967

Posted:

I agree. Start with a small ratchet, then move to larger ones until project is competed.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I agree with all that has be advised.
I would also point out that as a new broom you want to start out on the right foot. When you take the steps that have been suggested and if not response, quickly go to the formal notification, but don't let it fester. Some of your neighbors are watching you to see how you are going to react, they may have a good reason to watch or they may have a personal agenda they want to push through. If it gets to the lawyer action, bill her for his time with notification you are hiring legal enforcement.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Robert,

I doubt the BOD has the authority to bill her for the cost of a letter from an attorney. The CCRs may state the member is resp for all collection costs and fees associated with collecting delinquencies; however, I doubt there is any authority granted to bill a member for attorney fees for any other type action.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Mary,
As you recently posted on this thread or another that any legal action is usually decided by the Judge. It seems clear cut this person has to turn over the associations property and records. So, if it comes to the Board having to sue for compliance and this person want to fight it, why not claim lawyers expenses. That don't mean the judge will decide simply because you wanted something you will get it, but it means if the judge decides she is at fault and the association has to bear expenses to collect, they are asking for that money from her.

Way to go Rachael Alexander!

DanaB1 (Connecticut)
Posts: 319

Posted:

As far as the keys go I'd just change the locks, obviously this person has issues and I wouldn't trust them to have not made copies of the keys before turning them in....if they do. Meanwhile you have stopped their access to the buildings. I wouldn't let this individual know the locks were changed; might be fun to see if they try to get in. As far as the software program I'd need to know more in regard to what it involves.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Robert,

I believe we were talking about court actions when I said everything is decided by the judge. We're not talking about a court case here, just the HOA sending a demand letter from their attorney. I don't believe the HOA can tack on the attorney's fee for the letter to the member's account. If this issue were to get to court then that would be a different story. But, at this point, the member cannot be held liable for any legal expenses incurred. Just my opinion, of course.

MicheleD (Kentucky)
Posts: 4,491

Posted:

I believe this topic must be a duplicate topic and I replied to the copy that didn't have any posts on it.

So I'll sort of repost here.

Francesca, please step away from the panic button.

There may well be some "concern" here, but given the turnover coup and the timing involved, it's not at that stage - - yet.

There's no need to always jump to the first negative conclusion.

Follow some reasonable steps (and reasonable timing) and give the person a chance to do the right thing.

Put a generic request in writing, detailing all the items the board thinks is in the Treasurer's possession and request a reasonable transfer of materials timetable. Make sure that the written request shows it was copied to the HOA attorney.

If the person ignores the written request after about 2 weeks, then follow up with a gentle reminder from the HOA Attorney.

My guess is that once the person adjusts to the reality, she will realize she must turn things over in an orderly and mature manner.

If not, then the attorney can pull the trigger.

For the record we had a similar issue with a former treasurer. It wound up taking us roughly 6 months to get everything back, but wasn't the end of the world.

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