The little guy needs help with HOA Presidentl

We are only 50 units here and apathy runs high here also. We have a president who is just the most awful and nasty disposition guy. The neighbors that I know all feel the same.
I am not on the board and our management co. does not go out of its way to be helpful either, I don't know what to do. There are so many little things that have been done that are questionable, and not legal that I feel it should be brought to someones attention and when you do you are shown to the door.
Besides the fact that our president is a jerk, he is not doing things with our best interest at mind. The president is wanting to spend money on a project that is redecorating instead of repairing now that the building he and the other two board members live in is fixed, Ooops, that's right the other two members resigned months ago. I would like to know that they would use a scale of importance but I am not seeing it.
Anyhow, I believe he needs to go. I know his name is not on the deed, and there is a lien on his unit. How do I do this? I know if I don't dot my I's and cross my T's, I will regret it. I don't know all the legal stuff but I feel he could really hurt us financially.
Any suggestions how to handle this properly:

Mindy,
Michelle has given you some great advice, best to follow, again and again.

But in addition I detect you meed to change your mind set and start looking at you prediciment in a different slant. How do you do this. You can start by gathering up a couple, and that's all you need for now, of folks that think there is a problem. You meet for coffee and chit chat and kick this around until it becomes clear what your mission is going to be. Obviously it is something you all agree on but the rub might come on how to do it. You all have to keep scratching until you can say, aha, this is what we want to know and this is how we are going to do it. Everyone get on the same page and spread the word anyway you can. You want to let people know where your conviction is, you have to tell them, and you will pick up a follower once in a while. Then you get it all down on paper so you all can refer to it and reinforce your mission and you take it to the Board and dump it in their lap. Record the meeting, take notes and ask productive questions, don't argue, don't fight, take notes. Thank the board for their time, state that your group will get back to them after digesting your notes and recording. Have another meeting with your group, see where you want to go now, same procedure as before. If you can propose resolution to the board and they don't make an offer, wait a few days and call a townhall meeting and lay out you plan to the owners.
Believe me, you do what Michele says, follow this plan to fit your circumstances and you will have plenty to get started with. It's not fun, you make enemies at times, you will make friends also, keep the high road, don't hide, be open and things will happen.

So true! Words of wisdom!

Mindy,

I suggest you pay heed to Michele's advice. When researching your gov docs you will want to be looking for any info that might tell you whether or not this Pres is violating anything in the gov docs. That will be the ammunition you will need for a recall. Hopefully your neighbors will join you in this endeavor. There may not be a provision in your gov docs addressing a recall; however AZ does have a state law which much be followed. The statute is ARS 33-1243 (condos). I've copied below the subsection that applies to recalling a board member.

33-1243. Board of directors and officers; conflict; powers; limitations; removal; annual audit; applicability

H. Notwithstanding any provision of the declaration or bylaws to the contrary, the unit owners, by a majority vote of members entitled to vote and voting on the matter at a meeting of the members called pursuant to this section at which a quorum is present, may remove any member of the board of directors with or without cause, other than a member appointed by the declarant. For purposes of calling for removal of a member of the board of directors, other than a member appointed by the declarant, the following apply:

1. In an association with one thousand or fewer members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least twenty-five per cent of the votes in the association or one hundred votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association as prescribed by section 33-1248, subsection B.

2. Notwithstanding section 33-1248, subsection B, in an association with more than one thousand members, on receipt of a petition that calls for removal of a member of the board of directors and that is signed by the number of persons who are entitled to cast at least ten per cent of the votes in the association or one thousand votes in the association, whichever is less, the board shall call and provide written notice of a special meeting of the association. The board shall provide written notice of a special meeting as prescribed by section 33-1248, subsection B.

3. The special meeting shall be called, noticed and held within thirty days after receipt of the petition.

4. For purposes of a special meeting called pursuant to this subsection, a quorum is present if the number of owners to whom at least twenty per cent of the votes or one thousand votes, whichever is less, are allocated is present at the meeting in person or as otherwise permitted by law.

5. If a civil action is filed regarding the removal of a board member, the prevailing party in the civil action shall be awarded its reasonable attorney fees and costs.

6. The board of directors shall retain all documents and other records relating to the proposed removal of the member of the board of directors for at least one year after the date of the special meeting and shall permit members to inspect those documents and records pursuant to section 33-1258.

7. A petition that calls for the removal of the same member of the board of directors shall not be submitted more than once during each term of office for that member.

I. For an association in which board members are elected from separately designated voting districts, a member of the board of directors, other than a member appointed by the declarant, may be removed only by a vote of the members from that voting district, and only the members from that voting district are eligible to vote on the matter or be counted for purposes of determining a quorum.

Members of our association are looking to start a petition to have our pres. removed for various reasons. Could someone post a sample of a petition regarding proper verbiage. Thanks in advance.

Mindy,

Do your docs say a non-owner can serve on the board?

Ann,
Association documents don't have old and new documents. They have one set of documents registered at the courthouse. If what is registered at the courthouse has conflicts, you have to reconcile these documents and end up with a New set (amended). If they have been amended, then this change will be the (next numerical sequence follow by: Name of association (xxxx) amended Master Deed and By-laws (most places, could be different wording) and then the date. In that document Declaration is words to the effect the registered document is the only Governing Document for the association.

Better check your courthouse and see what is there.

Dana,

FYI, AZ is an open meeting law state. As such, Mindy has a right to attend all meetings no matter where they are held. She should not feel intimidated or that she cannot attend if the board meetings are held in a members' home.

Dana,

A similiar incident happened to a good friend of mine who lives in my old HOA neighborhood. The person who chastized him for speaking out at a meeting held in his home is now the treas of the assn and all the monthly board meetings are held at his home. For this reason my friend will not attend a meeting. I think it's terrible for a board member to act this way, but of course there's nothing that can be done about it especially if the other board members let him get away with it. With regard to my friend, it's even more shameful because there are only 49 homes in that HOA.

Dana,
My opinion: You are right and so is Mary. Mary is referring to the "right" to attend the meeting and I am sure she could walk in the Pres. living room at a meeting and frankly question his tactics.

You and I. on the other had think it is fair a reasonable to expect Associations Meeting be held on a neutral site. Your selection of borrowing a community room is commendable and suits me better also. I would tend to feel intimidated, thus, I would act defensively.
Not a good idea for me.

I think Mary will say, given the choice, a neutral site is best.

Thanks Robert, I agree with Mary also to the legal aspect; it was the emotional side to it that I was trying to point out.

Other options for meeting places are local schools, churches, and some smaller town rooms are sometimes free.

You must have BIG garages in Arizona! (laughing)

Dana,

My former assn was in AZ too; everyone has a 2-car garage. Where I live now, the majority of the homes have 3-car garages but the 3d bay is mostly used for storage.

BTW, I've never lived in TX but have visited there a number of times (Houston and San Antonio).

Robert,

How long have you been going w/o sleep?

Robert,

You are too funny. You know you're always a bright spot in my day!

Mindy,

Feel free to email me at [email protected]

Ann,

I've heard of many HOAs whose bylaws allow nonmembers to serve as directors. Mine state you must be a member, except for those appointed by the declarant. However, a member of the architectural committee need not be a member.