HOA board votes on a policy

Started by DeborahG2 • 5 replies • 1322 views

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DeborahG2 (Florida)
Posts: 10

Posted:

Our Hoa board unanimously voted to remove the editor of the newsletter for non compliance. We met with her in a private meeting. As not to embarrass her. She is not an elected official. We sent her a letter stating that we were changing the lock on the copy room and that we would know longer support the newsletter financially.
We developed a new newsletter and distributed it. She also published her newsletter and sent us a bill for 200.00 I cannot find any info regarding our newsletter in the articles of incorporation or by-laws. We are relatively a new board, and this person was on the board for years I am told. She ran things her way, Are we within our legal right to change a policy and not pay her. Thanks very much

GlenL (Ohio)
Posts: 5,491

Posted:

Probably unless she had some kind of contract and the BOD didn't follow the termination terms. I would have the HOA attorney send her a letter declining payment and the reasons why.

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

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By DeborahG2 on 06/17/2010 12:45 PM
Our Hoa board unanimously voted to remove the editor of the newsletter for non compliance. We met with her in a private meeting. As not to embarrass her. She is not an elected official. We sent her a letter stating that we were changing the lock on the copy room and that we would know longer support the newsletter financially.
We developed a new newsletter and distributed it. She also published her newsletter and sent us a bill for 200.00 I cannot find any info regarding our newsletter in the articles of incorporation or by-laws. We are relatively a new board, and this person was on the board for years I am told. She ran things her way, Are we within our legal right to change a policy and not pay her. Thanks very much

There should be a written agreement with anyone hired by the association. Check to see if there is one with the newsletter editor and comply with it. If there is no agreement and the Board gave her sufficient advanced written notice then there is no obligation to pay her invoice.

DeborahG2 (Florida)
Posts: 10

Posted:

I am not talking about property. I am talking about the community newsletter. She adopted the policy years ago and submits or omits what she wants. Our new policy states that all residents articles should be submitted and not changed without notifying a member of what is wrong and giving them a chance to resubmit their article.

She is not an elected person. She has changed managements articles and omitted articles that the HOA Board send her. She states she is the editor and that is her privilege.
thanks

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

She states she is the editor and that is her privilege.

Your fired. Privilege is officially revoked. If she wishes to continue the newsletter she may do so on her own dime. ;-)

MicheleD (Kentucky)
Posts: 4,491

Posted:

Deborah, while we appreciate hearing the details of why you "fired" her, it's not really necessary.

You don't even need a reason.

If, as the others have stated, there is no written contract with her, her "invoice" is void.

If she wants the "privilege" of printing a newsletter, then by all means she can continue -- with her own funds.

But you should be sure there is no written contract.

If there is, then simply follow the terms within the contract for termination.

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