Removed by HOA Board from Committee and Contractual Positions

Started by JoyH1 • 16 replies • 1554 views

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JoyH1 (Maryland)
Posts: 8

Posted:

Recently I sent an e-mail to the Managing agent as directed in a letter addressed to all homeowners about a special assessment. I immediately responded to the additional amount added to our HOA account which the board assessed our single home community 28% of the 98,000.00 for snow plowing due to 3 unprecedented snow falls. I informed them that the single homes at no time received any benefit from this service and I refused to pay this special assessment fee. The county I live in covers that service. I furthered my comment by indicating I was going to conduct and begin a petition to gain single home owners signatures against this assessment. I also indicated in my e-mail to them that I believed the majority of the board was town home owners and the single home owner board members would always be out voted.

Their response:

On behalf of the Board of Directors, they wish to thank you for your service and recognize your displeasure in their decision regarding the special assessment. However, because of your actions to undermine the Board of Directors, they respectfully sever all ties with you to include but not limited to your committee position and all contractual positions. This decision is immediate and irrevocable.

Please return all of the community keys, and any other items that belong to Wellington Trace, eg. digital camera, manuals, etc.

I was on the original board of directors. I was the only volunteer Architectural committee member. I contracted to take care of the clubhouse and exercise facility.

Any suggestions? I feel that the I have been ousted as a personal vedata by certain members of this board. I have been informed that the Board violated the Maryland Homeonwers Association Act.

Suggestions, comments?

SureshD
Posts: 268

Posted:

Committee members typically serve at the pleasure of the board so don't waste much time there.

Contracts have their own language and terms so review the terms and see if you are due notice or monetary compensation for abrupt cancellation.

I'm not familiar with Maryland's laws so I don't know if they have violated anything.

Lastly, what did you expect would happen? Maybe it's best to just "get away" for awhile.

JoyH1 (Maryland)
Posts: 8

Posted:

Thanks for your response! This is one of the Maryland laws. Note item # C. I felt I have the right as an owner to do what I feel is right. Which I have always done! I certainly did not expect this response, yet not surprising!

§11B–111.3. Distribution of written information and materials
(a) This section does not apply to the distribution of information or materials at any time before the lot owners, other than the developer, have a majority of votes in the homeowners association, as provided in the declaration.
(b) In this section, the door-to-door distribution of any of the following information or materials may not be considered a distribution for purposes of determining the manner in which a governing body distributes information under this section:
(1) Any information or materials reflecting the assessments imposed on lot owners in accordance with a recorded covenant, the declaration, bylaw, or rule of the homeowners association; and
(2) Any meeting notices of the governing body.
(c) Except for reasonable restrictions to the time of distribution, a recorded covenant or restriction, a provision in a declaration, or a provision of the bylaws or rules of a homeowners association may not restrict a lot owner from distributing written information or materials regarding the operation of or matters relating to the operation of the homeowners association in any manner or place that the governing body distributes written information or materials.

SheliaH (Indiana)
Posts: 6,964

Posted:

There seems to be more to this story - did you discuss your concerns with the board before sending the email? Did this email go to all of the homeowners? Did the Board discuss its concerns with you before sending the letter? At first blush, it would appear both sides lost their temper, so it's time to calm things down. There's nothing wrong with expressing your opinion about anything, but things should be done decent and in order (if nothing else, you can always control how you'll react - let the other side look like idiots)

As you can see, I don't live in Maryland, but if Maryland has some sort of ombudsman program to deal with homeowner complaints against their Association board, contact them and see what happens. But before you do, start with reading your bylaws and CCRs first to see how they address special assessments (that's really where you should have started, but oh, well).

In most communities (like mine), special assessments have to be approved by a majority of homeowners before they go through. If that's the case in your community and the board followed the rules, then it would appear you were outvoted on the special assessment issue and you'll have to pay. If not, then go door to door and make your case before your neighbors and then everyone can attend the next meeting to discuss their concerns with the board.

Oh, before I forget - when reading the bylaws and CCRs, see what they say about committee appointments. If participants are appointed by the board, they can probably be removed by the board - the issue is whether you were removed for cause. Right now, it seems to me you may want to go ahead and step down until this special assessment business is resolved - otherwise, both issues may get mixed up.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JoyH1 (Maryland)
Posts: 8

Posted:

Thanks for your response Sheila. To answer your questions:
1. I need to review the by laws. I have the original copy and no changes have been made in that area. That will tell everything of course of how they should notify.
2. I discussed my concerns with the Property Manager upon hearing of it, but that was as far as it went.
3. This e-mail did not go to all homeowners, only to the Property Manager as requested in the special assessment notification.
4. The Board discussed nothing with no one.

They lost their tempers, I just informed them of what I thought and they responded as such, I only expressed my opinion.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By JoyH1 on 06/08/2010 12:05 PM

They lost their tempers, I just informed them of what I thought and they responded as such, I only expressed my opinion.

No, sorry, but based on your post, it appears to me that you lost your temper, too. You not only responded with your "opinion," but by pretty much firing a shot across the bow (several shots, actually) regarding actions you intended to take to block their action, or at a minimum, to undermine them. In short, your reply and the "reasoning" for not wanting to pay your portion of the assessment appears petty and childish and obstructionist as well.

Our municipality takes care of snow removal for our streets, too. But if we contract to have someone do it for us (which your board either apparently already did or is planning to do) in addition to (or in place of) the county service, then we pay for it. ALL of us, regardless of where or on which streets in the development an individual may live.

I find it odd that you think it acceptable to "portion out" assessments based on which area "benefits." Chances are very high that your controlling documents do not allow for any assessments, special or otherwise, that are not uniform.

As long as the board has the ability to set a special assessment, then the members are obligated to pay it, regardless of whether individual owners "benefit" from the purpose of the assessment.

If the board is not awarded that ability in your governing documents, then the majority vote of the residents is likely needed. Certainly you can "stump" against it, but if the majority says thumbs up, you are still S.O.L. and still have to pay.

Now the board of a private corporation can certainly appoint or remove people from committees with or without "cause" in many states (if not most or all). They may have acted rashly, but when you poke someone in the eye, it's certainly not unexpected that they will lash out in return.

I suppose you should review any contract language, but if even if they can't terminate a current contract, don't expect them to renew.

JoyH1 (Maryland)
Posts: 8

Posted:

Thank you for your response Michele.

I disagree with you totally. This assessment is over the unprecedented storm here in the DC area. For 3 days we could not get out of our drive way noneless our street. The area where the townhomes are situated were out day one. But that is why they are private roads and we are county run roads. While you may think it is petty, it is also the principal that they are charging us for services we never received.

Lesson learned.

PS I never poked anyone in the eye. A board should never lash out when the Maryland Homeowners Association Act indicates I have the right to state as I did. I am just a homeowner standing up for what I believe is the difference of right or wrong.

JeanneK3 (Maryland)
Posts: 562

Posted:

Joy H:
Your board has not violated the Maryland Homeowner's Act because they did not try to stop you from distributing your recent communication or any future information you may choose to distribute. Clearly, they are upset that you undermined what they think is a necessary action to pay the bills. The fact is most of us Marylanders who experienced heavy snow have had to pay for that snow removal with increased fees or a special assessment. However, in the future (effective October 1, 2010) all HOA boards will have to have an open special meeting before raising fees more than 15% above the approved budget for the year. See www.marylandhomeownersassociaton.info for more information about the new law.
Jeanne

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By JoyH1 on 06/08/2010 1:54 PM
Thank you for your response Michele.

I disagree with you totally. This assessment is over the unprecedented storm here in the DC area. For 3 days we could not get out of our drive way noneless our street. The area where the townhomes are situated were out day one. But that is why they are private roads and we are county run roads. While you may think it is petty, it is also the principal that they are charging us for services we never received.

Lesson learned.

PS I never poked anyone in the eye. A board should never lash out when the Maryland Homeowners Association Act indicates I have the right to state as I did. I am just a homeowner standing up for what I believe is the difference of right or wrong.

Well, we are just going to have to agree to disagree regarding the "eye poke," because that is exactly what you did. The "board" is comprised of human beings who have a (quite often thankless) job to do, so too bad they didn't take your "eye poking" more gently.

The PRINCIPLE is still the same: all members of the HOA pay the SAME rate of assessment. Period. UNLESS your governing documents state otherwise. If you have townhomes and single-family stand-alone houses in a mixed HOA, then you will never have the same benefits.

JoyH1 (Maryland)
Posts: 8

Posted:

Thanks you Jeanne for your response. I never indicated distrubting recent communication, only to begin a petition. This was a difference of a budget of $35000.00 versus a total actual of almost $98,000.00. While I do not dispute they did this work in the town home section I do dispute why we are required to carry their burden. We had to dig ourselves out while they were afford the opportunity by contractor. I have the right to speak or state on any matter. I only e-mailed based on their request to e-mail and they did not afford me the opportunity to speak at all. Clearly you agree they are upset and I concur. But does that make it right?

JoyH1 (Maryland)
Posts: 8

Posted:

Thanks for your response Michele and by the way I was on the original board for 3 years and serving committees for a total of 9 years, I know how thankless it is.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By JoyH1 on 06/08/2010 2:04 PM
Thanks you Jeanne for your response. I never indicated distrubting recent communication, only to begin a petition. This was a difference of a budget of $35000.00 versus a total actual of almost $98,000.00. While I do not dispute they did this work in the town home section I do dispute why we are required to carry their burden. We had to dig ourselves out while they were afford the opportunity by contractor.

That's what happens when you have a mixed-use HOA. Unless your documents allow for mixed-rate assessments, you just have to deal with it.

Quote:

Posted By JoyH1 on 06/08/2010 2:04 PM
I have the right to speak or state on any matter. I only e-mailed based on their request to e-mail and they did not afford me the opportunity to speak at all. Clearly you agree they are upset and I concur.

Sure you do. But I find it extremely naive that you think responding in such a churlish way, indicating you wish to undermine their actions, would warrant you hugs and kisses.

Quote:

Posted By JoyH1 on 06/08/2010 2:04 PM
But does that make it right?

So then is this what you are really after here? Not only validation of your indignation, but validation that you can be obstructionist, too?

Were they "right" to yank your participation? Probably not. But they very likely were and are well within their "rights" to do so.

I'm wondering what lesson you take away from this.

Chances are you and I won't agree on that, either.

JoyH1 (Maryland)
Posts: 8

Posted:

Michele
It seems at best you are a pro at tearing people apart. I am not after any validation, just asking if anyone on here knows if this is reasonable. To call me naive or to act in a churlish way when you have no idea of who I am and what I have done for this community is flat out wrong and then to throw in hugs and kisses. Cmon you must have something better to do in life, don't you Michele. Other than stripping one to a bare nothing! I see you have a large number of posts, do you always do this, or can't you just respond with an answer.....Chances are you and I won't agree on that either!

GlenL (Ohio)
Posts: 5,491

Posted:

But Joy you are "skirting" Michele's point. Do your CC&R's allow the BOD to only assess one group; either the townhomes or the stand alone homes depending on who benefits? If they do then you may have a complaint but if they say that the SA will be for everyone then you are acting childish. And as a former Board member you should KNOW whether the current Board is violating the CC&R's.

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

JoyH1 (Maryland)
Posts: 8

Posted:

Thanks Glen. I will need to check the CC&R's to answer your question. However one thing I do know our assessments are different from the town homes and always have been. But I do need to check the documentation.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Posted By JoyH1 on 06/08/2010 2:17 PM
Michele
It seems at best you are a pro at tearing people apart. I am not after any validation, just asking if anyone on here knows if this is reasonable. To call me naive or to act in a churlish way when you have no idea of who I am and what I have done for this community is flat out wrong and then to throw in hugs and kisses. Cmon you must have something better to do in life, don't you Michele. Other than stripping one to a bare nothing! I see you have a large number of posts, do you always do this, or can't you just respond with an answer.....Chances are you and I won't agree on that either!

Nice dodge, but you brought both responses (mine and the board's) on all by yourself.

You came onto this site, told your version of the story and then asked for suggestions and comments.

I gave you comments, just as you apparently claimed that's all you did with the board.

Seems you don't like to be on the receiving end of comments or "opinions" opposite of yours any more than you claim your board does.

The "idea" I have about who you are is created completely from information supplied to me by you yourself. You already told us how you responded and on what basis you responded.

I found your response to the board to be churlish, petty and undermining of them trying to do their job.

You may not like my assessment, which you clearly asked for in so many words in your initial post, but that's the way I see it.

I did not "throw in" hugs and/or kisses. If you re-read my post you will see that I said it was naive of you to presume the board would respond with such to you once you, in effect, spit on them.

Challenging my life activities and trying to diminish me personally is a common ad hominem attack when people get their panties in a bunch after they've been challenged with the fallacies of their arguments, so don't think for a minute that I put much merit in them. I consider the source.

In the end, I did respond appropriately to you. You just don't like my response.

I already determined that we would basically be agreeing to disagree on each others stances, and said so in an earlier post. You did not disappoint.

And I did not "tear" you apart, I simply tore apart the pedestal on which you placed yourself. You are trying to give the impression you were simply doing what they asked, giving your "opinion," but you have to know that what you said, how you said it and your revelation to them of your intent to undermine them that you would not be well received.

Why are you now trying to paint yourself as some sort of victim because of it?

JonD1
Posts: 2,350

Posted:

Joy:

After following this thread from your first post I have to say I too do not agree with your position.

As stated with a mixed property of townhouses and single family homes sometimes someone might not get the exact service or portion or service the association pays for.

Reminds me of the time several years ago when we painted the second floor wooden decks throughout our property. One of the owners who lives on the ground floor had a problem "paying" for this project and demanded they get some service of equal value. Well to begin with they don't have a deck but rather a concrete slab. But in her mind the second floor residents were getting more. Or at least in her mind. Tough to explain it is impossble to paint a deck you do not have!

The Board needed to cover the cost of removing snow on your property. $98,000 was needed. Where the snow was or who "got more" for the money is not relavent.

Would you rather this bill not be paid? Where would you expect this money to come from?

Now as to your response:

1) You refused to pay. In some states that would be considered a failure to pay commonn charges which COULD acted upon legally. A lien could be placed on your property and collection efforts made if in Maryland and under your documents this is permitted.

2) You now announce your plans to bring a petition against the assessment. The Board passed this charge as it is needed to pay YOUR property's bill for snow removal. So you prersent a petition, what does that accomplish?

3)You suggest YOU did not personally benefit therefore you have no need to pay.
Did your property benefit? Did your neighbors benefit? Then common sense would tell you the bill and YOUR portion needs to be paid.

We have a pool. I don't use the pool. I still pay a portion of the cost to operate the pool. As does everyone else who lives here whether they use the pool or not.

4) And finally your shock with the Board's reaction. What did you think they would do. Send you a thank you note? In their place I would have done the exact same thing. The Board is attempting to maintain and provide the needed services for your property the entire property. And your actions in refusing to pay, threatening to bring a petition against the Board's actions, and offering YOUR logic as to why certain members of the property should pay while others don't have to indicate your misunderstanding as to how this type of property works but more importantly your unwillingness fulfill your obligations as a property owner.
I guess your plan was they would have to see it YOUR way. Evidently, they didn't and neither do I.

And please allow me one more comment. Michelle doesn't need my help but I will offer you this advice.(I too happen to have some free time tonight.) You come to this site with an issue. You request the opinions of strangers and then attack those who do not agree with your view of the world. Michelle as you noted is one of the long time members of this site. I value her opinions and knowledge, and the method in which it has been delivered, this after having served 24 years on my property's Board. Without members such as Michelle IMO sites such as this would be worthless. If you come with an open mind new possibilities may make their way in. As I have stated before to others who come to this site get a different opinion from the one they were holding and then find fault and blame with those who offer their time, knowledge and opinions for the benefits of strangers, it is not Michelle who is at fault in this situation. And perhaps you should carefully consider the possibility it is YOU that is the problem not only on your property but now on this site. IMO your posts here show you to be a "right fighter" for whom no other optiuon is possible other than everyone else seeing it YOUR way.

Whatever the Board did in reaction to your e-mail YOU brought this on yourself period, end of story.....

Good night

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