Illegal special members meeting for board recall

We have a new board member who came on board attacking and threatening the existing board rather than offering advice and assistance. He's a self-proclaimed attorney who knows 'everything' and constantly tries to intimidate and humiliate the other board members. He is a minister and does have a following of members - many of whom are either chronically in bad standing, violate the CC&R's and don't want them renewed at the end of this year or are just very negative people who enjoy complaining and blaming. His 'group' has been coming to meetings since he joined about 4 months ago, disrupting the meetings, and bullying the board into making decisions that the group wanted. For example one 'good' board member recently resigned due to these pressures. The board announced the resignation at the next board meeting and intended that they would post a notice for board volunteers and elect someone at the next board meeting. The group forcefully insisted they elect one of them, right then, which the board did. He was one of the group that had most loudly protested the CC&R's and Boards in general. So now there are two board members (and another of their group that waffles back and forth, but is mainly on their side)- so 3 board members who want the rest of the board gone. The 'vigilantes' recently called a special members meeting by sending out a newsletter to all the members announcing a meeting to be held within ten days. Two days after they sent out the meeting notice, they brought in typed signatures on a petition that gave the date and time, etc. of their upcoming meeting. This of course is in violation of our by-laws and Oregon Planned Community Act laws. The six board members immediately posted a notice that cited the laws and stated that the meeting was in violation and would be invalid. The notice also gave the proper procedure for initiating a recall. Note that the board members do not want to fight the recall, they do however feel they have an obligation to the entire membership to do it by the rules. So now we have postings of the meeting by the group and postings by the board (the six members up for recall) that the meeting is illegal. This group also dispenses all sorts of derogatory fliers (most of them placed on cars or thrown in driveways in the dark of night or early morning). They contain mainly gross misrepresentations or out-and-out lies about the six board members. The six members sent a letter out to the entire membership in rebuttal to the accusations being made about them and again reiterated that the upcoming members meeting was invalid. They had also put an ad in our local little newspaper about the corruptness of our Board and HOA's in general (being volunteer home owners and not professional board members,they may have been naive about every detail of the law, but in no way corrupt). This negative publicity has harmed our entire community and yet this group claims to be looking out for the best interest of all the members, when in reality they only care about their own selfish agendas. Which is no CC&R's so there will be no restrictions on rentals, no requirements to keep up their properties (and our rules are lenient by most standards) and they also don't believe in liens or collections being used as a method to collect dues either. So they held their meeting last weekend and the only people who attended were their group. The other, rational members stayed away because they understood it was an illegal meeting. After their meeting they posted a notice that the recall was successful. At our regular board meeting yesterday, the group tossed a package which supposedly contained the ballots etc on the boards desk...and announced they'd been recalled. They also presented the six with a letter demanding that everything be turned over to them...security codes, keys, check books, etc. The board president announced that it was not a legal recall meeting and that the board was obligated to see that it was done correctly. He offered blank petitions that requested a special meeting be held for the purpose of the recall, etc. saying that they would like this to all done and over with but it had to be done property. He said the process could start immediately since they obviously had at least 10% of the membership in the room. And in fact the six board members signed the petition to help it get moving. Several people signed it (mostly the rational members) but the majority of the 'group' refused saying they'd already had their meeting and it was a done deal. There ended up being no actual board meeting and the 3 renegade board members proceeded to call their own board meeting.
Backing up a little, the Board (old one) at last month's meeting had hired a new association attorney who was an HOA specialist (the one they had before wasn't very reliable). The group did not want this attorney and demanded the six board members resignation when the board hired him against their will. The president started communicating with this attorney when the group scheduled their own invalid meeting. Despite a letter from him to ALL the board members explaining why this meeting and recall was in violation of the laws, they have continued. And are berating the board for using members funds on this attorney they never wanted.
Our Board meeting was yesterday and the renegade 3 member board is in full takeover mode. Of course the attorney will be advised first thing Monday but would like to know what others have experienced are regarding illegal board takeover.
Wow - apologize for the 'novel'....
Thanks so much for any advice, encouragement, whatever..Lynn

Wow! I have been in a similar situation. Definitely consult a lawyer. IMO the most important thing you and your board should do is to educate yourselves. You need to know your documents and your State laws, statutes and whatever else might control things relating to the specific situation.
Don't engage in the same type of behavior as the crazies, such as the negative postings, and encourage your members not to respond to it either. Keep accurate minutes, and perhaps be more detailed than you normally would.
It can be a long road when dealing with these types of people. We lost several good people during our ordeal too.

Lynn:

Are we all having fun yet??????

Sounds like you have quite the property.

To be blunt, sounds like your 6 Board members have failed to prepare themselves properly and it has cost your community.

Here in NY we have a saying, "you don't show up to a knife fight without a knife", and for me if possible and necessary you should arrive with a gun. Your Board needs to see this as a fight for their homes, investments and future.

A few things:

How many units do you have??
The mental defectives have how many supporters???
Who voted the self described attorney onto the Board?? How many votes?
How many owners voted in the last election??

Your Board allowed this group to force their "mob" rule in appointing a replacement for the resigning member. How many owners were at that meeting??
Did they constitute a majority of the owners?

IMO the Board made a major blunder due to their being unprepared or outprepared by the defectives. The former Board member who resigned also did little to assist those remaining on addressing this when they dropped out due to pressure.
Life is filled with pressure and folding up does little good for anyone. They should be ashamed that they have put the remaining Board members in this position.

One nut job was enough now you have allowed another to join. The Board should run the property no matter how many peoeple are in the room and what they demand.

I would not have assisted this group by signing ANY petition they presented. Another mistake IMO. Now it gives the impression the Board supports these efforts.

We had one idiot call their own recall meeting. They claimed a turnout sufficient to remove the Board and suggested they were now in charge. Our documents do NOT allow owners to call, schedule, or hold their own meetings.

Or the meetings CAN be held they just mean nothing. This gourp and their meeting was ignored.

1) The Board needs to join forces (those 6 left) and have a PLAN. Not show up unprepared and be told what they will due. You teach people how to treat you and in allowing this group to force their will on the Board suggests, rightfully, the Board will fold again when pressed. If necessary I would hire a local police officer for security at the next meeting to remove any member disrupting the meeting and preventing the Board from conducting the property's business. If that requires they all be removed so be it.

2) The Board needs to address this matter with the remaining owners to make them aware of the FACTS. To sit quietly back and HOPE the owners get it is a recipe for disaster. No matter have untrue the claims made by the other side if they are not met with the FACTS many owners will accept them as reality. YOU NEED TO GET THE FACTS OUT IN PLAIN TERMS AND FLOOD THE OWNERS WITH THE FACTS.

3) I would NOT turn this matter over the the new attorney. The Board runs the property and should be served by the advice of the attorney not replaced by the attorney.

4) We had a similar situation. A small group of big-mouths, who knew everything, called for a meeting, suggested THEY be given the ballots and count them and then they would let us know how the vote turned out. Not going to happen!
The recall meeeting was held, the Board ran the meeting ( the police were called) the vote was held and they troublemakers got less than 20 votes out of more than 130. In the end the Board did the job they were elected to do not allow others to push them around.

Threats, lies, and pressure should not influence the decisions made by the Board. If they allow this group to do so they they have failed in their roles as Board members.

Good luck. Let us know how you are making out and stay in the fight.

You can resist these efforts if you work together and are willing to make the required effort. YOUR property's future depends on your actions.

Lynn:

Sorry to hear the sad details involving your property. Although they sound familiar to many all over our country.

Always amazes me when people just throw up their hands and allow those who will in the end destroy your home and investment to walk right in and take over.

I have never operated well under threats or when being told "what I was going to do". Especially, when in the end it would do harm to my home.

As volunteer Board members not many people have the skill set to handle these types of folks. But trying to work with them or give in IMO will never work.
It shows weakness and only reinforces their efforts.

In my neighborhood growing up people pushed you to see how you would react, you either pushed back or you lost that day and in the future. You and the Board can either stand up or fold and let this group win.

As in many cases the owners would rather not be bothered with the actual details of who is running their property. Many are busy, lazy, dumb and or ignorant. Sorry for speaking the truth. Today, more than ever the owners need to be aware and involved. They can either get involved or pay the price when folks such as yours take control. Hence, my suggestion to inform them as many times and as often as possible. Whether in a letter from the Board or the attorney.

Hopefully, with the help from your attorney you can hold this group to acting within the rules NOT their version of the same. Bullies like to set their own rules and in making threats and speaking loud come to believe that makes them right. HARDLY.

As to your re-read of one of my previous posts. After serving on my Board for many years you get to understand the types involved in life. The names change but the personalities are the same. The one you mentioned, among others, had nothing to offer other than a know it all attitude along with insults and the questioning of every decision made by the Board. I can do without such people. The blessings offered are as worthless as the person offering them. Just another member of the God-squad who has come to believe their relationship with the "lord" makes them right. HARDLY. All in the name of doing "God's" work.
PLEASE..... A minister yea right....

Sounds like you might be dealing with another phoney "man of the cloth". Setting aside your rules and regulations IMO a sure fire way to destroy the property. The nut jobs and bums will rule. Allowing owners to not pay their CCs will destroy the financial standing of your property. Why would anyone pay in the end if there are no consequences????????

Bringing his church or followers anywhere near your property is sure to downgrade your home. More folks like him.

I would guess you are far from being alone in this type of situation. Now the only thing left to determine is how will the Board members AND the property owners respond? Will they allow this group to take over and THEN compalin? After it is to late? We they be forced out of their own homes? This is and will be a fight. As Mr. Ross Perot used to say "You will have to get dirty on this one." You fight fire with fire ( or in my world BIGGER fire) not flowers and make nice.

Not hard to understand how we end up where we do when so many people today lack the motivation or desrie to get involved in what affects their lives directly. Not just on their property but in the world around them. In the end the misfits win because the others do nothing.

Good luck. You have a 6-3 advantage. I would do everything in my power to turn the heat back on them INCLUDING IF NECESSARY BRINGING ORDER BACK TO THE BOARD MEETINGS. YOU DO WHAT NEEDS TO BE DONE NOT WHAT WILL BE POPULAR OR WILL NOT BE QUESTIONED. The Board meeting needs to be orderly, professional and productive.

Anyone preventing that IMO would be removed. That would send a clear message to the mail order minister that even while doing "God's work" not everyone needs to agree. And bullying people using God's name doesn't always work.

Good luck and hope to hear back how things are going.

Sadly Glen there are far to many "good" men and women who are comfortable doing nothing in today's world.

I thank you for your comments and appreciate the quote.

I met with a Board member at another property. He was made aware of questionable actions by the other members of HIS Board. Costing HIS property thousands of dollars in waste and fraud. Rather than work to address them he resigned from the Board. In plain English he folded. If your home and investment are not worth the effort, than what is? Anything? Anyone?

Sort of makes the job of those willing to put in the time more difficult than necessary. I have little respect or use for either group. The troublemakers or those that sit by and do nothing.

Best Wishes

Really? That's your input into this dialog?

Is this the community that the original poster is talking about?

If so, it looks to me like it's been a fairly well-run HOA up until an attempted take-over.

And your video is hilarious!!!

A motion was interrupted, and, quite frankly, even if there had been a "resolution" to not hire till whenever, a new resolution can be made to override that one duh!

And the "gentleman" claiming that a "video" is "libel" is pretty funny!

Looks to me like the OP's version of the situation is closer to reality than what you claim.

OMG! "Our DUES are not going to go to pay a lawyer to put liens on our neighbors homes. . . "

What a crackpot!!

You guys sound like bullies. You guys sound untrustyworthy.

The guy in blue and the woman who is screeching into the microphone is trying to take over the meeting, change the agenda, determine what is the priority, interrupted a motion, tried to derail discussion.

What a joke.

It's clear you guys are afraid of a legitimate HOA-knowledgeable attorney and, quite frankly, I hope he kicks your arses.

I can only imagine what would happen to your community if people who think that the HOA shouldn't file liens to collect assessments or that the HOA should not have appropriate representation by an attorney who is knowledgeable in HOA matters take over.

Wow.

Normally I do not post on blogs but, after reading Mr. Niday’s comments, I changed my mind. The lies and made up stories about the six board members that his group is attempting to recall are beyond belief by any thinking person. I could stop here as the last two words of the previous sentence pretty much explains the current situation. Some of those spreading this filth are angry individuals who probably do not have much of a real life. Others are either not thinking or are unable to think. I suspect that Mr. Niday falls into the latter group. The leaders of the group are frightening. The minister (??) is a loner and preys on a group that would drink the kool aid on his command. The guy that headed up the illegal recall has his own agenda and will do whatever is necessary to promote his own cause. I congratulate the six board members for hanging in there and representing the thinking members of the Rim.

Bart,

with all due respect, and I can say this strongly enough, it would be in your best interest to refrain from making posts to characterize in any negative way identifiable members of your association (or any association really), especially one that is heading for apparent litigation.

I know that quite a few of us on this board could identify fairly quickly that the group challenging the current board are not on the up-and-up.

It's very easy to see they have their own agenda, and it's clear that they have engaged in exaggeration and mischaracterization and a little bit of "truth stretching" as well.

But there are ways to reveal that sort of thing without putting your own arse in a sling.

Keep in mind, in MOST cases like this, often giving the person (or group) enough "rope" will result in a self-hanging. If you catch my drift.

I'm just trying to caution you to not let your emotion put you in a difficult defensive position later on.

It's not an issue so much if you have actual data or facts to back up the negative claims, (and unfortunately for RichardN, the videos actually work more against the rogue group than it does the board, which is an example), but be very careful because it can come back to bite you.

Tim, thank you for taking the time to respond - your comments and suggestions are well received.
The reason why the board didn't initiate a recall meeting based on the petition that was submitted is this:
Approximately four days prior to submitting the petition, the group demanding the recall had sent out a notice to the members that a special members meeting was going to be held on a date approximately two weeks later. When the petition was turned in, it was not 'requesting' that a meeting be called, but gave the date of the already scheduled meeting and the names on the petition were typewritten, not signed. Notices were immediately posted and a letter sent out to members that the upcoming members meeting was not legally called (the correct procedures of our governing documents were quoted) and further stated that when the legal procedure was followed i.e. a petition with signatures requesting that a special members meeting be called for the purpose of a recall, that the Board would then schedule and notify members of the meeting. Our governing docs state that a member can only call the meeting themselves if the Board does not do so within thirty days of receipt of a signed petition. The recall group then distributed fliers and posted notices that their meeting was indeed legal and would be held. Members of their group were personally advised of the requirements to call the meeting but they continued with their own meeting. At the next Board meeting (a week after the illegal recall meeting), the 6 members of the Board refused to step down and at that time offered up a petition which the 6 board members even signed themselves to start the legal petition process. The recall group refused this offer to initiate the process. Subsequently the attorney was contacted to prevent the attempts of the illegal takeover.
The reason there is nothing in the minutes regarding the Board passing a resolution to not hire an attorney until
the audit was completed is because there never was a resolution...or even a 'promise' to do so. The tape of the Board meeting prior to the one where they voted to bring on the HOA attorney clearly shows further discussion of the Board wanting to bring on that attorney at that time and the group objecting and the president of the Board asking the members to produce other prospective attorneys for consideration if they didn't like the one the Board was leaning towards. There was never an agreement to hold off until the audit was complete.
Again Tim, appreciate your constructive comments...many good points.
Lynn

Thank you Michele, and everyone who took the time to respond, for your input. It really is greatly appreciated.
Lynn

Richard - It's in no one's best interests for hostility in there association and it seems pretty clear there are renegade bullies in LynnR5's community. If you are part of these wayward wannabies shame on you.

Richard, in Oregon the Planned Com

Richard - in Oregon the Planned Communities Act governs HOAs. The section that describes how special members meetings are called (scheduled) is ORS 94.650. Basically it says that a certain percentage of the members that are specified in your bylaws can request a special meeting be called. If the meeting notice isn't sent out within 30 days days after the written request is delivered, THEN an owner can set the time and place of the meeting and send out the notice. It's very clear.

I am a homeowner who supports the original board and would like to know what the best way to keep order at the meetings would be and how one would enforce it. Also, what are our options for a third party mediator who has some kind of authority to keep the meetings civil and help interpit the law. I am afraid that if legal action is not taken soon, that mob-rule will overtake the board with no one to enforce the law.

Indeed.

I would most certainly assign a sergeant-at-arms and people will only be allowed to speak when formally recognized by the meeting chair.

If someone interrupts and tries to derail the conversation, regardless of the content of the comments, and he/she is asked to stand down.

If that person does not, then the sergeant-at-arms will need to remove the person out of order.

It is up to the meeting chair to ensure the meeting remains under control.

Forest:

As I have previously suggested contact the local police department, hire an off duty officer to act as security.

THE FIRST PERSON WHO ACTS OUT OF ORDER OR WHO DOES NOT ACT IN A CIVIL MANNER IS TO BE REMOVED.

THE CONDITIONS MUST BE SET UP BEFORE THE MEETING TAKES PLACE WITH THE OFFICER BY THOSE THAT ARE HOLDING THIS MEETING.

YOU EITHER ACT PROPERLY OR YOU LEAVE.

MINIMUM COST MAXIMUM RESULT. AFTER THE FIRST I DOUBT THERE WOULD BE MANY OTHERS WILLING TO BE TAKEN AWAY.

IF NECESSARY SET THE MEETING AT A PLACE RENTED BY THE BOARD WHICH IS CONTROLLED BY THE BOARD.

RichardN,

I don't believe that anyone on this site has said that the membership can not remove board members. However, there are procedures to do this. One requires that a special meeting be called. The protesters must submit a proper petition to the BOD.

Based on posts from this site, it appears that the petition submitted was not proper due it's lack of signatures. Signatures are required so there is proof that the petition was not falsified. This proof protects the people calling for the recall. I would suggest resubmitting a proper petition ensuring that only members sign the petition and only one signature per lot.

After the receipt of a proper petition, the Board should then call the meeting at the earliest possibility. The board should ensure that proper notification is given to the membership. The board should also appoint an election committee. I would suggest a committee of three. One from the list of signatures on the petition. One from the BOD and one from non-signatures.

Everyone must also remember that, if the recall occurs, an election needs to be done at the same meeting, Therefore, nominees need to be identified prior to the meeting.

Tim

I've read 94.650. Nothing there negates what I quoted from 94.640 which says in short form, "The owners may remove any member of the board of directors ... by a majority vote of all owners present and entitled to vote at at any meeting of the owners at which a quorum is present."
Note the words, "at any meeting of the owners".

In 94.650(6)(a) it states, "Special meetings of the association may be called by..." The use of the word "may" is intentional so that the owners are not dependent on the Board to schedule a recall election. It would be ludicrous for a law to allow unscrupulous board members the legal power to circumvent the process of a recall election desired by the owners.

The Board members were notified of the election and given the opportunity to vote, however there is nothing in 94.640 or 94.650 that states that owners wanting a recall election have to make a request of the board to do so.

Oops, I forgot there was a separate meeting.

Richard quoting statutes are like quoting the bible, you can pull a snippet here or there to make a point but the thing needs to be read in its entirety to get the full meaning. (Emphasis by me)

94.640(6) Unless otherwise provided in the declaration or bylaws, the owners may remove any member of the board of directors, other than members appointed by the declarant or persons who are ex officio directors, with or without cause, by a majority vote of all owners present and entitled to vote at any meeting of the owners at which a quorum is present. No removal of a director is effective unless the matter of removal is an item on the agenda and stated in the notice for the meeting required under ORS 94.650.

94.650 Meetings of lot owners; notice. (1) The homeowners association shall hold at least one meeting of the owners each calendar year.

(2)(a) Special meetings of the association may be called by the president of the board of directors, a majority of the board of directors or a percentage of owners specified in the bylaws of the association. However, the bylaws may not require a percentage greater than 50 percent or less than 10 percent of the votes of the planned community for the purpose of calling a meeting.

(b) If the bylaws do not specify a percentage of owners that may call a special meeting, 30 percent or more of the owners may call a special meeting, notice of which shall be given as specified in this section.

(c) Business transacted at a special meeting shall be confined to the purposes stated in the notice.

(3) Not less than 10 or more than 50 days before any meeting called under this section, the secretary or other officer specified in the bylaws shall cause notice to be hand delivered or mailed to the mailing address of each lot or to the mailing address designated in writing by the owner, and to all mortgagees that have requested such notice. Mortgagees may designate a representative to attend a meeting called under this section.

(4) The notice of a meeting shall state the time and place of the meeting and the items on the agenda, including the general nature of any proposed amendment to the declaration or bylaws, any budget changes or any proposal to remove a director or officer. [1981 c.782 §40; 1999 c.677 §17; 2001 c.756 §17]

And your By-Laws specify:
SECTION 2. Special meetings of the members may be called by the President or by the Board of Trustees. Special meetings may also be called on written request of ten percent (10%) of the members. Notice of a special meeting stating the purpose or purposes thereof shall be mailed or delivered not less than ten (10) days prior to the date on which the meeting is to be held.

So yes you have to petition the Board in writing of your request to call a special meeting and only if they fail to or refuse to (remember they have between 10 & 50 days to call it) can the members call it but even if the members call it they have to notify everyone as prescribed by 94.650(b).

And don't forget even after you have the 10% of valid signatures needed to call the meeting you still need at least 15% of homeowners to make quorum and the voting must be by written ballot.

Richard,

I think the reason you're having trouble understanding the requirements for holding a special meeting for the purpose of recalling board member(s) is that the statute does not explicitly address who is resp. for holding the meeting -- the BOD or the members themselves. However, the statute and your bylaws do state that a special meeting may be called by a majority of the board or a certain % of the members. To whom do you think this % of the members must make their request; of course the answer is the BOD!. And, it's also stated that the secretary or any other officer of the assn must properly notice this meeting. Note that it does not say any member may notice the meeting. Also if you check the duties of the board members which should be outlined in your bylaws I'm sure you'll see that it states one of the duties of the Pres is to chair all meetings of the assn. If the members were authorized to conduct their own meetings it would be so stated in the bylaws. So, no matter what your feelings are regarding "unscrupulous" board members conducting their own recall meeting, I'm sorry but that's the way it is in HOA land. If the members were to conduct their own recall meeting, IMO, the meeting and the outcome thereof would not be legal. If the Pres is to be recalled he most likely has the authority to designate the VP or any other board member to chair the meeting, but I don't believe he would be obligated to do so.

If you would take a minute to objectively look at this, hopefully you would be able to understand that allowing the members to just organize a meeting of the members to conduct whatever business they so choose would not be a very productive way to run the assn. This would mean that they could just choose to hold their own meetings and conduct any business they felt the board was incapable of properly carrying out any time they so chose. I'm sure you will agree this would create a potential to reek much havoc in the assn.

Richard,

This is very true. It is also true that some (on any side of any issue) can be blinded because they are so heavily invested (emotionally, time, energy, money)in an issue that they can't see things from any other view.


Although it is true that any position can be argued, the issue may be is it a valid argument and have both sides taken the time to fully investigate all points of view.


This is certainly a true statement. However, the wording of laws are sometimes worded specific ways to make sure that the intent is clear and specific. I am not sure if interpretation is always required but practice in methodically reading and appling laws to situations is certainly requried.

In my experience in having to interpret laws (and I am not a lawyer nor do I work in the legal profession) I have discovered the following:

1. First read the whole statute - this is because one small part of one section may invalidate the application of another. Additionally, this can identify if other documents have control.

2. Second, read each paragraph and see how it applies.

3. Third, read each sentence to see how it is worded. This is because the words "may" and "shall" carry two very different meanings.

4. Fourth, ask others for their opinion as it's easy to overlook something.


As I said, practice is required but I do believe that discovering the intent of the passage isn't that hard.

As an example: Oregon law on recalling of the board - the intent was to ensure that the membership had a methodology to recall members of the board. However, the wording of that statute still required procedures to be followed that are both outlined within the Associations governing documents and that statute.


Granted, members of this forum can only offer advise based on the information given in the postings (which are usually not the whole story), their own personal experiences, research of available documents (State/Federal laws, governing documents provided, etc.) and, hopefully, some common sense. More information may or may not change the advise given.

Most of the members of this forum have served or are serving on their own Associations BOD. Everyone on the forum have had experience with an HOA, even if they were just members. What I am saying is that there is a lot of experience on this forum. Although most of us do not have a legal degree (I certainly don't) we have had practice in understanding State laws and how they apply Association governing documents. Some of us learned it the hard way by making mistakes, some paid an attorney for advise and some are just good at doing it.

There may be a difference of opinion from time to time but when the majority of the advise is the same, either all the facts have not been presented to allow proper advise or>/b> there just might be something in that advise that should be listened to.


Richard (and Lynn),

I hope I have been of assistance (as others also hope they have been). The advise was freely given and of course the choice of what direction either of you go with this advise is yours. I would only encourage both of you to look at what is best for the Association and it's members.

Everybody loses financially in legal battles with an HOA. If the decision sides with the Association legal, fees might have to be paid by the other side. If the decision sides against the Association, the Association might have to pay all legal fees. However, even if each side has to pay their own legal fees, the Association is made up of members and the cost will be equally shared by all (including the members of the recall committee as they are also members of the Association). Food for thought.

Tim

Darn it, we could have saved them $160,000 Is this case due to a lousy Board or a lousy Board plus a lousy managing agent and/or a lousy attorney? Whatever, it is probably a BIG EGO problem

Roger: The swimming pool lawsuit post is named "Above ground pools and temporary structures" by MikeC6 (Illinois). The post # is 26169.

Sorry for confusing, This is a wrong reply.