President with his own agenda

Started by SallyS2 • 9 replies • 1603 views

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SallyS2 (Oregon)
Posts: 36

Posted:

We requested a public hearing with the BOD. The new Pres. has fined us and threatened to lien our home , if we don't comply with a CCR he is misrepresenting. He has stated he's going after other owners also. Our board has 4 members. 1 of which represents a apt. complex and the other a strip mall I was told by one of them they don't really get involved in the residential end and rely on the Pres. decision in votes. Our architectural committee is 3 people and are voting as if they are on the board.Some one informed this Pres. there has to be 7 board members ?!? We have spoke with the other owners and we really need this meeting. It's in 1 week. At one time right after we e-mailed him our request we received a e-mail from the Pres. that we needed a petition of 20% of the owners with names # etc. and reason stating an article and CCR that doesn't apply (special meeting for electing director). After a week or so he e-mailed with a date for the meeting. Yesterday we, and all neighbors received a flyer with the meeting info. He mentioned vaguely our compliant, and was mentioned as those people that are in violation. Also included was a insert with address of members with dues not paid. They are not even due yet, ours was on there but our check cleared over a month ago. Our neighbors are thinking that was out of line. To imply these people are delinquent. I guess my real question is can a BOD refuse this kind of request for a meeting of the owners and the BOD just to avoid being held accountable? We are really afraid if we don't, he'll get us sued someday. Any advise is welcome. Thanks

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Sally,
Lets look at what you wrote. Yours will be in Quotes" ".

"The new president has fined us and threaten to lien our home, if we don't comply with a CCR he is misrepresenting" Tell us what this means when you read this? You said he has fined you (why)? Then he has threatened to lien your home if you don't comply with some CCR that don't exist (If he is misrepresenting it, it don't exist because it is not valid) He has stated he is "going after" other members also.

I am sorry Sally but the picture you are painting just does not past the test of providing you with a valid reply. The rest of your post does little to clarify the issues. We answering your post are forced into playing a guessing game, you, by your posts are revealing a proclamation that is full of holes and inconsistencies.

I would suggest you start keeping a journal of all your correspondence, and notes on conversation, and you record any meeting with this Board or president. Collate any Board correspondence or any correspondence written anywhere about any of this. You use the term "we" a lot. who is we? Is this a group of members that are trying to represent themselves as members of the association that want their concerns addressed? If so, establish contact with the Board by appearing at a Board meeting and voicing your concerns. You must do this in a clear concise fashion and you are better served if you have a spokesperson that speaks for your group. Somehow, you have got to start from square one and build your foundation for what you expect to accomplish. YOU and "WE" must know your documents and understand them, this is imperative and if any of what you say has validity, it should not be hard to know more that your president. I suggest "We" rewrite your post and present your concerns by identifying them in understandable fashion. Then, we can help you.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Sally,

Like Robert, I, too, am abit confused with your post. Can you please tell us exactly what your complaint is? What CCR restriction are you being fined for? When you say you requested a public hearing, are you saying you want this hearing to discuss your violation notice or are you saying the community wants a hearing to discuss violations notices that have been recieved by a number of the members? There is a big difference between one member requesting a dispute hearing with the board and the membership requesting a special meeting to discuss whatever. Different rules apply for each.

You said you ".. .are really afraid if we don't, he'll get us sued someday."

First of all, you say "if we don't" -- don't do what. In your message you only talk about what the board Pres is doing. What are you (the members) doing that might cause the board to sue you?

Secondly, only if you continue to be delinquent in your assessments or in violation of the CCRs and not pay the fines imposed can the board take legal action against you.

SallyS2 (Oregon)
Posts: 36

Posted:

Sorry for the ramblings. I should have waited till morning after much needed sleep. I also should have gone to my post on fences form Dec. and added an update about requesting a meeting and the nightmare it's been to finally get one.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By SallyS2 on 01/22/2010 10:29 PM
I guess my real question is can a BOD refuse this kind of request for a meeting of the owners and the BOD just to avoid being held accountable? We are really afraid if we don't, he'll get us sued someday. Any advise is welcome. Thanks

Sally,

Similar to what others have said, I am a bit confused as well but will try to answer you questions based only on your posting.

Yes the Board can refuse a request to hold a special meeting. However, if it was properly submitted in accordance with your governing documents they would be in violation of those same documents. Your only remedy, that I know of, if they refused would be to vote them out of office or litigation.

You mentioned that the board included a list of names of those who were not current. I don't believe that they should have done this either but they may be wanting to identify people that would not be allowed to vote at the meeting. Even though you assessment check cleared, you name may be listed for non-payment of the fine you are contesting. I'm not saying it's right. I'm just trying to give you a possible explanation as to why it is listed.

My advise to you would be:

Prior to the meeting, have a through knowledge of your governing documents and any applicable State law. Also have handouts available for all at the meeting highlighting the issues, wording, copies of the law etc. Expect the burden of proof to be on you vs. the Board.

GET PROXIES!!!!!!!

Hope this helps,

Tim

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Tim, I think all the replies are worthy on this thread, as your's certainly is.

There is too much confusion about what is going on. However, I think a BOD that is faced with owners requesting a hearing before the Board is pretty much obligated to allow the subjects to be raised at a Board Meeting, if the Board meeting are closed then maybe a special meeting route would be called for. This information is so scanty I would think some formal aqttempt to establish contact with the Board would serve both parties...........whoever they are.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By SallyS2 on 01/23/2010 10:29 AM
Sorry for the ramblings. I should have waited till morning after much needed sleep. I also should have gone to my post on fences form Dec. and added an update about requesting a meeting and the nightmare it's been to finally get one.

Okay, I give, Sally. I tried using the search function the site, but got nowhere.

Please clarify for us what your post on fences from December is all about.

I know at least speaking on my own behalf, I don't even remember what I had for breakfast this morning.

GlenL (Ohio)
Posts: 5,491

Posted:

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/87399/view/topic/Default.aspx

Quote:

Posted By SallyS2 on 12/09/2009 7:44 PM
In our CCR's our fence rule is 6' to use as a lot line barrier or you may
use a hedge but it must also stay at 6'. Our problem is a new pres. who is
trying to use this height rule to apply to our solid screen of cedar trees.
These trees are planted 4' inside of our wood fence that we choose to be the
lot line barrier on the back and 2 sides of our back yard . We have a street
that runs behind our back yard. So privacy and noise blockage is very
important. His arguement is the 6' rule was to preserve home owners views.
There is nothing in the CCR's that restrict any landscape or even mentions
views . The only thing would be blocking pedesterins is fron peeping into
our home. Our CCR's don't protect views because there really aren't
any.Your help or ideas would be welcomed. He has a good number of homeowners
mad. He imposed a $250.00 fine on us and is going after others too. We feel
power probably isn't his best suit since he has bullied one owner into tears
over this Thanks for any help you could send Sally S.

Sally (Oregon)

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

MicheleD (Kentucky)
Posts: 4,491

Posted:

Thanks, Glen. You are awesome.

Wonder why it doesn't work for me? Probably that pesky "operator error."

I do remember this issue.

As I recall, I supported Sally's position.

But someone upthread is probably correct in stating that she is likely on the list because an unpaid fine is considered "delinquent."

Sally, good luck to you, keep us posted. This sounds like a pretty stubborn person to butt heads with.

MaryA1 (Arizona)
Posts: 7,043

Posted:

I'm wondering where all the other board members are. Are they just a bunch of "yes men" or wimps, or WHAT? Don't they all know that the Pres is not like a King or a Dictator -- he is only one member of the board with only one vote and does not have the authority to act on his own. If I was on that board I'd be asking for a change in leadership!!

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