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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JT3 (Alabama)
Posts: 11
Posted:
I have a problem with an absentee President, and mostly the entire Board of Directors. They have hired a family friend, young person, to manage our complex, who only has a POBox and only a cell phone number, who has married into the Business who handles our finances, who all have horrible attitudes. The president is almost always absent, never answers emails, phone calls, etc. and the owners are never updated on anything during the year, and we only meet once a year. The Board encourages people to send proxies to "them." We use to have large turnouts, a newsletter, and were going to set up a webpage for our complex. I was on the Board. All that has stopped, and only the Board and its friends know anything about what is going on. they never provide documents when asked for. They make the rules, never asking the Assoication to vote on it,they just do it. The management company young person attacks owners and guests at his whim when he doesn't like what he sees, even though no rules have been broken. He attacked my son (35 yrs old) repeatedly until we finally called the police. owners and familes are allowed pets. Management said he didn't care he did want ever he wanted to do. We are suppose to have a no pet policy that was never voted on - which the management wants. In 1998 we made a motion and passed a no pets on the courtyard or in and around the pool area that is it. Now, they added no pets to guests on the rules in each unit, but wait it gets better....the president, and other Board members have pets for months in their units during the winter and all Year, they poop and pee everywhere, but no one minds them. I decided to let my winter guests have a pet. They never broke any rules, but did note who did, put poopy bags and notes on the doors of other guests and owners asking them to clean up after their dog. This management boy confronted my winter guest in a hostile way then lied about the situation. The Board doesn't want anyone else to have pets. This management company was notified of a leak in my unit, and I was to be notified quicly. I never was, two month later I was told no leak, went in attic took pics, showing the leak! The manangment is in cahoots with our Board and lying and cheating other owners. part of the Board took over renting another elderly couples unit, stole their money, didn't rent but used their unit and renter theirs, now they have filed bankruptcy and lost their unit, and theis elderly couple is out thousands of dollars. This Board knew what they were doing, and didn't tell the owners until the owners meeting, over a year later. Isn't that illegal? I need help and advice, I document everything.
GlenL (Ohio)
Posts: 5,491
Posted:
Illegal? Ask the police or prosecuting attorney but I doubt it violates your CC&R's. As far as the other stuff, the reason it happens is because you and the other homeowners let it happen. The majority of the H/O voted these people onto the Board and the majority can vote them right back off again and put new people in. As far as the MC goes if they're really that bad, vote a new Board in and let them deal with the MC.

The only thing necessary for the triumph of evil is for good men to do nothing.
Edmund Burke

Studies show that 5 out of 4 people have problems with fractions
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Illegal? I doubt it. But they dont seem to bright.

Start taking steps to take back your HOA. Start your own web page for free at blogger.com Start talking about voting in a new president. Get the other unit owners involved. If everyone agrees with you, it wont be too hard.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Glen and Steve have posted some wonderful advice to get the ball rolling the other way. You say you document everything and that is good. I would refrain from damning people because they are absentee owners and you appear to be the same.

Try to think this through. One of the best ways to do this is to talk it up with your fellow owners and to talk it out at Owners meetings. You can include who you want but I certainly would suggest you do everything in a wide open forum. I would appoint one of your supports to conduct your meeting, and be the spokesperson for the group. Maintain control of the meeting recruit volunteers and build slowly. Always inform the Board of your meeting and invite them to attend with the understanding that you all set the rules. Be completely fair about your treatment of all and it is your call as to asking or allowing the presence of the manager. Any that attend should be given a time to make a statement.

Do the website if at all possible but do not connect it an anyway to the Management of the association or represent yourselves as envoy or agents or representatives of the Board.

It sounds like you have problems, but who knows. All could be just bad personnel, but build slowly, be fair, be cool and DO NOT do battle. There will be time for that when appropriate......see what happens..........I can almost insure you, there will be reactions and then you all should try and open up any cracks in the facade.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Yup, yup, agree with Glen and Steve
JT3 (Alabama)
Posts: 11
Posted:
I now see how hurridly I wrote that message - sorry. And thank you to everyone who has replied. I have spoken with an attorney who says the Board is trying implement what the legal community calls "Shady Rules." Rules the benefit some (esp the Board), hurt others, and implement rules that are not good for the entire Association.
The management company now thinks they own the place and they can do what they want.
The local police and the attorney I spoke with said that type of situation is over half of what they deal with. Where owners have to fight management companies for over stepping their contracts and place themselves above the owners.
If you notice I mentioned our financial company and management co. are in cahoots. This financial company has blatantly held onto payments, so they would be late, so they can charge late fees. I actually caught them doing this just this week. I sent everything by cert./return receipt mail. They let it sit in the post office before picking it up on the 5th day, which made it late. 3 of those days were business days.
Most of the other owners are intimidated by the Board. I pray I can make it though this and stop all this corruption. Thank you.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Lets pick this apart a little.

Your last JT3: see ((((( )))))

I now see how hurridly I wrote that message - sorry. And thank you to everyone who has replied. I have spoken with an attorney who says the Board is trying implement what the legal community calls "Shady Rules." Rules the benefit some (esp the Board), hurt others, and implement rules that are not good for the entire Association. (((an opinion, did you pay for it?)))))
The management company now thinks they own the place and they can do what they want. (((((No JT3, the people you are accusing know they don't own the association, they are trying to make you believe they do))))))
The local police and the attorney I spoke with said that type of situation is over half of what they deal with. (((((Do you have or did the police and the attorney provide you with court case # that are similar to your complains. You should get them and read them))))Where owners have to fight management companies for over stepping their contracts and place themselves above the owners. ((((( as noted))))))
If you notice I mentioned our financial company and management co. are in cahoots. This financial company has blatantly held onto payments, so they would be late, so they can charge late fees. ((((((((((maybe they have, maybe they haven't, but you offer no proof.)))))))))))))))) I actually caught them doing this just this week. I sent everything by cert./return receipt mail. They let it sit in the post office before picking it up on the 5th day, which made it late. 3 of those days were business days. ((((JT3, you would be mistaken if you took this incident to the courts and expect a favorable ruling. Their attorney would immediately claim "entrapment" or something similar. Remember your actions will be scrutinized now.))))))))))))))))

Most of the other owners are intimidated by the Board.((((((Most people are intimidated appearing before any Board. If this atmosphere is suspected to prevail, education is the key. I doubt you will make much progress in corrective action if you claim intimidation by the Board.)))))))))))))))))) I pray I can make it though this and stop all this corruption. Thank you.((((((((((((What you are seeing in your association is at this point, as near as I can see a personal opinion. You are probably right and if it is "right" you want to be, as I said you are probably that. This process for change is not for the faint of heart.)))))))))))))))))

What do you do now? Build support among your neighbors. But first go to a couple Board Meeting and make your concerns known, Don't attack, ask for information and get all on the record. Then build your base and consider your neighbors input. You don't need 100 people to start, you just need a couple and have the patience to work together if you recognize wrong doing or mismanagement or poor judgment or not providing fiduciary requirements. Be patient and be cool.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Crap, I best put down this is just my opinion before someone says I am playing attorney and stacking the deck.
JT3 (Alabama)
Posts: 11
Posted:
Thank you again, and yes I know it will take a lot of guts to stand up to this Board. I have done it before. This same attorney told me years ago to get off this Board, or I'll be sue along with them one day.

Yes I do have proof the financial company did not adhere to their contract and tries to implement late fees when it is their fault and not the owner.

I will do what I can, contact all I can, and hopefully some will wake up and see they are being screwed.
GlenL (Ohio)
Posts: 5,491
Posted:
JT, I don't mean this to be condescending but my original advice stands. If the current BOD is doing wrong, vote them out and replace them with ones that will do right. The MC works for the BOD and takes their direction from them; the Board may delegate its authority, not its responsibility, to the Management Company. If you have evidence of improper acts then show them to your fellow homeowners and get them involved. We can pontificate and offer advice but in the end you and your fellow homeowners are the ones that are going to have to do the dirty work and heavy lifting; there is no state or federal agency that is going to ride to your rescue.

Studies show that 5 out of 4 people have problems with fractions

🎯 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