KathleenF (Illinois)
Posts: 19
Posts: 19
Posted:
When the subject of board misconduct comes up, people always advise diplomatic and political solutions. Talk to them. Negotiate. Remove them from office.
But in small associations, it is very easy for a few individuals to get a lock on political power--relying on personal loyalties, favor exchanges, apathy, timidity and a measure of intimidation.
Where political solutions are impossible--because the board controls too many votes--and negotiation is futile--because the board stonewalls or retaliates--litigation may be the only recourse to address rampant board misconduct.
Litigation is an awful thing. No one wants to be involved with it. Yet--sometimes it is unavoidable. After four years of attempting to build coalitions and "Clean Up Dodge--including getting myself elected to the board (before the Powers That Be realized I wouldn't "play ball")--I am about to sue for multiple breaches of fiduciary duty and violations of the Fair Housing Act.
I would appreciate hearing from anyone who has already gone done this road--particularly if you were able to get meaningful injunctive relief (like, for example, banning corrupt directors from board service) or substantial money damages from corrupt or incompetent individual directors. Was the process worthwhile for you--all things considered?
Moving is extremely difficult for me (due to illness and disabilities), so "just leave" is not an option.
I'm in Illinois, living in a housing cooperative which is governed by the Business Corporations Act (not the Illinois Condominium Property Act). But I am interested in hearing from condo, as well as coop, owners.
But in small associations, it is very easy for a few individuals to get a lock on political power--relying on personal loyalties, favor exchanges, apathy, timidity and a measure of intimidation.
Where political solutions are impossible--because the board controls too many votes--and negotiation is futile--because the board stonewalls or retaliates--litigation may be the only recourse to address rampant board misconduct.
Litigation is an awful thing. No one wants to be involved with it. Yet--sometimes it is unavoidable. After four years of attempting to build coalitions and "Clean Up Dodge--including getting myself elected to the board (before the Powers That Be realized I wouldn't "play ball")--I am about to sue for multiple breaches of fiduciary duty and violations of the Fair Housing Act.
I would appreciate hearing from anyone who has already gone done this road--particularly if you were able to get meaningful injunctive relief (like, for example, banning corrupt directors from board service) or substantial money damages from corrupt or incompetent individual directors. Was the process worthwhile for you--all things considered?
Moving is extremely difficult for me (due to illness and disabilities), so "just leave" is not an option.
I'm in Illinois, living in a housing cooperative which is governed by the Business Corporations Act (not the Illinois Condominium Property Act). But I am interested in hearing from condo, as well as coop, owners.