Petition Sample

I don't have a sample for you, but, are you sure you guys don't live in Indiana?

There was a condo association there (just across the river from me) that had a similar problem with their board president! He was eventually arrested for tampering with the election (he was "caught on tape" stealing ballots and destroying them!)

Joe, somewhere in your CC&R's (Covenants, Conditions & Restrictions) there should be a section on how to re-call a Board member and how to call for a special meeting including who to and how to deliver it. Since I don't have your documents I'll wing it with mine (be sure to change the sections cited to match your CC&R's)

We the undersigned homeowners in good standing constituting 40% of the members entitled to cast ballots as required in Section 1.5 (B) Special Meetings of the By-Laws request that a Special Meeting be called to remove Joe Blow from his position as a Board Member of Pie in the Sky HOA and if successful; to elect his replacement.

Then have a spot for the H/O to print his name and unit/parcel number and a place to sign it. If you can, get more than the required number of signatures in case some are declared void and make sure you make copies of everything before you submit it.

No it's not fraud IMHO but it should be rectified in the minutes. Where are the other BOD members, the president is only one person; entitled to one vote. While he has specified duties relevant to his position, chair meetings, sign contracts, etc. When it comes to Board matters he has but one vote and can be overturned by the other members if they are a majority.

ps... I am the illegally removed director.

Joe - I am ASSUMING there was a motion to remove this board member (now you tell us this is you) and that there was a vote. All this needs to be in the minutes. Since the minutes don't have you down as present, this can be fixed when these minutes are "approved."

The president, alone, cannot "remove" a director, (unless he had power to appoint this board member, he MAY have the power to un-appoint). Your bylaws should outline the procedures for removing a board member.

With so many things wrong here, why are you even accepting this forced removal? What do the other board members say?

Joe,

I will guess most of our frequent correspondents will agree with me that:

1. Your prez should be relieved of his Boardship.
2. Your PM should be relieved of his/her/their duties.
3. Those board members who support this BS should also be sent packing

assuming your docs don't afford prez these supposed powers and your docs provided for a recall process.

I agree that you did not resign (but also see your docs for that procedure, too).

Thanks Glen... and everyone else who has responded. Life is way to short (and complicated) to have to put up with this nonsense.

Joe,

Others have commented on the procedures to remove the president. I agree with what has already been said on that topic. I would like to focus on your status as director.

As you have suggested, a resignation usually must be in writing (but check your documents). Since you didn't resign in writing, I would take the position that you simply left the meeting.

Furthermore, reducing the size of the board probably requires an action by the board; it doesn't sound like that happened. Have they tried to appoint someone to fill your position? Or have they "officially" (even if the action is not effective) reduced the size of the board?

However, make sure that the documents don't allow the board to declare your board position vacant if you are absent for X number of consecutive meetings. Our documents give the board the right to "declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors." That may be the reason they don't show you as present in the minutes.

Thanks for everyone's input. Our bylaws blatantly state a resignation must be in writing. And thankfully so, or else this guy would say any board member who does not agree with him has given him a verbal resignation.

Mary, Yes I am afraid there are too many "fraidy-cats" in our building who may not want to stir the water to have this guy removed. He is an original owner (25+ years) and people are afraid of this czar-wanna-be. He has accepted many written resignations over the years from members who became fed up with him and his antics.

Everett asked "Have they tried to appoint someone to fill your position?" - No they have not. They have posted a list of board members in our lobby, and of course I am not on it. The 5th board position was approved by the board (even me - although the minutes do not reflect my presence at the meeting) at our last meeting because no one else (who was eligible) ran for the board. Which brings up another issue... After we had our annual meeting/election this year, there was suppose to be a meeting for board member for the purpose of electing officers (per our bylaws). This meeting never took place. Bozo somehow decided he would remain president. This by itself is complete fraud...in my book, and probably another issue which could be added to the petition.

Getting the number of signatures required for the petition that will call for a special meeting to remove the bad apple will be easy. Getting the 51% of members (who are in good standing - i.e. are not past due on HOA dues) may not be so easy - too many feeble people. Do you think we would be better off keeping the petition basic, or should we hammer every known violation against him? Thanks again...

Joe -

GlenL provided an excellent sample of a petition for a special meeting. Check your documents, in many cases the documents provide that a director may be removed "with or without cause". In other words, no reason must be given.

If you give a reason in the petition, he may be able to convince enough people that the specific is wrong and that he should not be removed. Also, the other members may be unconfortable signing a petition with specific charges if they have no personal knowledge of the situation. IMHO, it is better not to put specifics into the petition.

If you can't get the fraidy-cats to the special meeting, maybe you should try getting proxies from them (assuming that your documents and state law permit them).

Sounds like there may be a cadre of former board members who might be willing to support you, if not join you in throwing out the bad apples.

It appears that under Illinois law meetings of the board are open to all members - see, http://www.keaycostello.com/omoa.htm for a discussion. If I were you, I would record the board meetings and take copious notes (to disprove any attempts by the prez to claim that you were not attending). (The article refers to HB 4763, which was not enacted into law).

I have a couple more questions...

Is it best to submit our petition to the management company?

Who will choose when the special meeting is to take place? (By-Laws do not specify.) Is it up to the board, or can we (those signing the petition) request a date and time for the special meeting when we submit the petition?

I'm afraid certain members of the board may stonewall the meeting date and time.

We are thinking of sending out a letter to all unit owners (especially the non-resident owners) about the special meeting in order to gather as many proxies as possible. Also to advise them to get their account is "good standing" if it is not already in order for their vote to count. Do you think this is a good idea?

Thanks for your advice Mary!

I have one advisement to not state a reason (also Glen's example seems to be in agreement of not stating a reason), and another to state a few blatant violations.

Any other opinions would be very appreciated!

I am worried about the president playing games with a time and date (although if you read my earlier comments, I believe there are no official officer positions for our board). We are suppose to be having an open meeting very soon. Do you think it might be best to present the petition at our next meeting with the management company rep. present?

Thanks Mary, I was thinking of having reasons also.

WELL THE PLOT THICKENS...

The police showed up to my door today with a complaint that I threatened the President at our last meeting (3 months ago - the complaint was just filed - maybe they are reading this thread???). He stated I said "I wanna stomp you". A complete lie that is fatter than him. His little board witch buddy went along as a witness. The complaint stated something about other witnesses, but none would come forward. I have already spoken with three witnesses that were present at the meeting, and they are outraged from these false accusations, but not quite as outraged as me. The cops were actually snickering because they know darn well if someone threatened somebody, the person being threatened would not wait 3 months to file a complaint. I had to fill out a Freedom of Information sheet to get a copy of the complaint, and unfortunately that will take at least a week before I can get a copy. Our next board meeting is scheduled for this week.

I left a voice mail message for the officer to call me so I can find out what actions I can take to correct this crazy wrong. What would you do about these false charges?