Can a Board member sue another board member?

Started by ShelleyD • 6 replies • 3724 views

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

⚡ Takes 30 seconds

Already a member? Log in

ShelleyD (Florida)
Posts: 42

Posted:

Is there a board member out there that has sued another board member for harassment while serving his term? Board members illegally billed our membership for a special assessment when our by laws state any assessment must go in front of the membership for a vote. Our board has liens on several homes because homeowners have refused to pay the special assessment. Let me add the special assessment required a permit which the board did not have and we were penalized $10,000.00 from the state. I have asked to not be a part of the voting process and the board has been harassing me for the past year and a half. This board does not follow the by-laws or CCR's and I tried to step down to not be a part of this but homeowners begged me not to leave because I was their only way of keeping track of the boards wrong doings. Currently we just had 2 board members step down because they couldn't take my questioning every month. One homeowner had enough with the association attorney and sent a letter to the main office and copied the CEO. Lets put it this way. The attorney does not represent the association any more. I am not included on any changes in the community by the board. It was 20 days before I found out that the 2 board members had resigned because a neighbor told me. When we have meetings its always in closed session so that they don't have any witnesses of their wrong doings. The minutes are never what is discussed in the meeting and they always take 3-4 months before they are available. Every month I bring up what is not correct in the minutes that I did get and they say they will change it but they never do. Any suggestions are greatly appreciated. Please stick with if there is a legal issue here. Please keep in mind this is just a brief summary of what has been happening. I love this message board and can relate to many of you. Good Luck to all!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Shelly,
All that I can say is HOLY COW! What about elections Why have you not had a new Board elected if this has been going on for so long? Where are the members hiding? Everything is wrong with your process according to what you have wrote. You cannot change things by yourself so where are all of the people who encouraged you to stay on?

BrianB (California)
Posts: 2,820

Posted:

To answer your question, let's use a phrase my father taught me.

"In the good ol USA, you can sue a ham sandwhich. Getting a judge to rule is a different story."

so to answer your question, yes a board member can sue another board member.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Shelly,

I'm curious to know what the $10,000 state penalty was. I know you said the special assessment required a permit -- what is that all about?

If the board is doing anything illegal and you know it and you go along with them then you can be sued along with them. That's why it's wise of you to not vote on anything that is illegal. In fact, I would make a point of clarifying my non-vote and insist it be made a part of the record. To stay in office because some members think you're the only way they'll know what is going on is a bogus reason. I wouldn't stay on that board for no amount of money. If the members know what is going on and they do nothing, that's their problem, but it doesn't also have to be yours. I would resign immediately. Whatever happens the members will have only themselves to thank for it. Staying on and being subject to the harrassment of other board members isn't worth it --emotionally or physically.

MichaelK11 (Texas)
Posts: 432

Posted:

What Donna said -- what happened at your elections? Do many homeowners have a problem with your Board breaking all these rules?

SusanW1 (Michigan)
Posts: 5,202

Posted:

What is the "permit" that the board should have gotten? What was the fine for?

Are you a condo or subdivision?

MattD3 (Minnesota)
Posts: 1

Posted:

Does not sound like a agood board. One thing to check is what some HOA's Bi Law etc, You cn get board members off of the board with a certian percentage of the residents written vote rtc to have them resign.

🎯 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