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| Tuesday, January 06, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
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DawnB
(West Virginia)
Posts:12
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| 02/13/2006 7:58 PM |
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As I attempt to explain this situation. I hope you can understand what I am trying to say. In October 2005 a special meeting was held to remove our president from the BOD for cause of not following C& R, By-laws and taking of money. Needless to say the president remain cause of lack of quorum. 2 days before the special meeting was held my husband went to review the HOA records (which no one has ever done in the community before) they have always been denied by the president to review records. By written request we asked to review the record and were told a place date and time. My husband went to the home of the appointed V.P. and the rest of the board was there. My husband also tookour neighbor along as a witness. As my husband showed up at the V.P door the V.P. got into my husbands face and told him he could not review the records and cannot bring a neighbor to sit with him even if the neighbor sat away from the records that were being reviewed. The V.P continued to be violant and make threats so my husband left the home. As he was leaving the secretary told my husband that he can review the records at her home. And he did so for 6 hours.
When my husband came home he called the sheriff and filed a report againest the V.P. Nothing was done about this. 2 weeks later on Halloween night we had homeowners going around and patroling the neighborhood to make sure the kids are safe. One man out patroling that night walked past the V.P. home and once again was yelled at and threated, so he also filed a report. 4 weeks later the V.P. neighbor was putting up a fence which was approved by th ARC. The V.P. threatend to drive his truck through the fence and knock it down if it was put up. No report filed. His neighbors are scared. Now a 4th. A homeowner in the community was handing out filers and went by the V.P.'s home to give one when once again he came out threatend this women and she was scared to death. Heer husband went to confront the V.P about the way his wife was treated and was asked to leave which he did. He also filed a report. This evening was our annual meeting. Which was a joke. 365 homes in the community and 25 showed up. A meeting was still held and a motion was made to have the V.P. removed for his actions. The president then said this canot happen without a petition, quorum, and a special meeting. The V.P. did not deny that he did theses things, but our president denied that he saw what happend the night my husband went to review records, and he also said that was in the past. Saturday mornings newspaper also had a story about a teenager who broke into the High School consessions stole food, candy and was smoking marjuina (sp?) and was arrested on $50,000 bond. This is the V.P.'s son. Is there anything we as homeowners can do with such a bad situation? HELP! |
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LindaL
Posts:0
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| 02/13/2006 8:52 PM |
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This is absolutely sickening but not too unlike what I'm dealing with. Not the same issues though. It's a pity that people have to resort to these tactics and behavior. Having said this, the only thing you can do at this point is to seek legal advice.
Linda |
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SamuelB
(North Carolina)
Posts:83
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| 02/14/2006 5:30 AM |
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I think my approach would be to mount a major campaign to get your neighbors off their collective apathetic rear-ends. Our situation was not nearly as bad as yours, and the proxies came pouring in to support us. The Annual Meeting had the President (an attorney) stomping his feet trying to maintain decorum because the audience (all owners) liked what the opposing nominees for board said. We have 344 units and the meeting was an overwhelming success.
The upside of this was that the homeowners came to their own rescue. The downside is, they will become (and did) apathetic again, until once again called on by a few to take their HOA back, should this happen in the future. |
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I fly because it releases my mind from the tyranny of petty things . . . - Antoine de St-Exupéry |
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LindaL
Posts:0
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| 02/14/2006 12:25 PM |
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I tried that and only got one (hate) response. The board and management company are in bed with each other and the rest don't want to get involved. I asked one homeowner a few years ago what he would do if things go so bad that he lost his property thru foreclosure or some other means. He told me that he did NOT want to be informed of what's going on and did NOT want to get involved and walked away. The same thing happened at a different complex. It's mind boggling, especially considering the price of real estate and most people can't afford the rent here in LA. I'm glad you had success.
Linda |
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LisaS
(Illinois)
Posts:339
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| 02/19/2006 3:38 PM |
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If your documents say you need a petition, a quorum , and a special meeting then there is your answer.
If enough neighbors have been threatened, you should have no problem in ousting the VP. But remember...he will still be in your community as a homeowner and an association member so keep your eyes open if this man really is in the habit of threats and intimidation. If it continues you MUST call the police, file a report, and if need be push for their follow through.
Lisa
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HankL
(Maryland)
Posts:47
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| 02/20/2006 2:52 PM |
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Threatening a person with injury is illegal.
Association documents are open to members except those created during "executive priviledge" meetings.
If you can't afford a lawyer, go to the local newspaper with your side of the story. Take care not to transgress into slander, libel, etc.
Start holding your own owners meetings. One may do the job. create a flyer for all addresses. Put the heat on correctly and they will step aside and go into hiding. |
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