Unauthorized Credits by President

The Board can send a letter demanding payment or refer the account to a collection agency.

Unless there's something that I'm not seeing, the president's actions were unofficial and have no value. Even if the debtor has a signed statement on HOA letterhead or receive statements saying that her account with up to date, it doesn't matter: the action was unofficial and illegal. It's just the same as having your neighbor or the President of the United States waive your dues; they don't have the power, either. It's as if it never happened. (It's just the same as worming a promise out of the president not to foreclose on your home: the president doesn't have the power to interfere in the process without consent of the Board.)

You probably can't prevent the former president from running again. The best thing to do is have better candidates and have her lose, fair and square.

Beverly:
Send a letter or door notice to everyone living in your community describing what happened and the reasons why she should not be elected again. Make sure you have evidence before you do so, otherwise she can sue you for slander.
Jeanne

Just bill the homeownwer unless she can provide proof the debt has not been satisfied by payment or by authorized forgiveness of the debt by proper authority and due process. Technically, I think the person who forgave this debt has violated at least one of the provisions of your governing documents and could be said to be negligent in his/her duties and therefore ineligible to serve.

How did this get past the treasurer and/or the MC?

Who's watching the books?

The former President has been on the board till the lasst election for about 25 years. The majority of the time she served as president. The treasurer at the time (2007-2008) owned a large number of the condos - basically a landlord who will rent to anyone. He never looked at the books, which were done by a Managament company that took advantage in so many ways it should be criminal. The secretary - was a lady who worked for the Majority owner of condos who later filed bankruptcy leaving 80 units and the HOA struggling to collect from lenders. Leaving 2 other homeowners out numbered.

I was elected President in April, the former secretary is not longer serving but, the former treasurer is. and since that time it has been very challenging. It took several months to realize there was no one "minding the store" We began to challenge the managament company on invalid charges and have since been able to chang managment companies. We have started to turn things around, but now the former Secretary and President want back on the board. This is my first time to serve on a board and must seek guidance to insure I/the board are doing things properly. I only recently discovered this forum, which I feel will aid us immensely. O

Our documents are from 1983 and have never been updated and are very generic in nature, which gives no guidance in this situation. I need to understand the condo laws, but do not know where to find them.

To comment on your last post.
In general you seem to be off on the right foot. Understand you will need intelligence, smarts, patience, self control, supporters, an absolute hard shell, and persistence and time to do what you want to do. Keep in mind, right now, if this person is trying to usurp the Board, right now they have to attack you, if she or whoever becomes a Board member they can do it from the inside. This woman probably has done some good for the community and she has probably done some bad, but done is done, time to move on, no, "this is how I used to do it", that ship has sailed. You absolutely need to get a majority on your Board, as the president you stand a damn good change of doing that if you are smart with your proxies, not illegal, but smart. If you have to go door to door, do it, remember right now you are the good guy and the only way to negate you is to make you look bad. Don't give her a reason and if you are not having open meeting, open up your Board meetings, be very careful about executive sessions and build a power base by getting supporters and get them working for what you are working for, you don't need that many you just need a loud honest voice. Keep the high road.........always.......and convey to the membership you seek one goal. To serve the association and protect it. Don't try to do too much at a time, little steps and if you find something you can't go through, go around it....tomorrow is another day.

All this applies only if you are truly what you present yourself to be. As always, IMHO