CAN BOARD PRESIDENT WRITES ACCUSATORY EMAIL

I am trying to determine if the newly elected board and it's president of my HOA can send me a communication via email that starts with the following opening sentence: It is surprising and disappointing to observe someone who has spent many hours and much effort, and has been the principal force, toward making physical improvements in our community now degenerate into a bitter, vile and hostile person seemingly bent on tearing the community apart. The communication that I received also goes onto to state that if I "willfully violate the instructions and will of the board" they will take every legal path available to constrain and penalize me. This is the same group that is demanding emails from all the prior board members regarding the appointment of two new directors and they are also advising the no one erase anything on their computers that had to do with Board business for the last two years. As you might guess, there are some personality problems in my HOA, but I am trying to determine if this group has done something actionable because of what I perceive to be a very threatening tone. I certainly can abide by the governing documents, but the "will and instructions" of the board gets a little iffy. I do not know how or if to respond to the above mentioned communication. Thank you.

Thanks for the reply.....I just get a little defensive when I feel That I am being somewhat "witch hunted". A vendor was working in my community and I was having a private conversation with him as I also employ the vendor. The vendor called me and said that I must have some enemies in here because the guard told him that someone had called an instructed him to tell the vendor not to take any directives from me regarding the community. I think that is a little scary. Does that mean that I cannot talk to people because I might be saying some that is not to the Board's liking?

Joanne:

Obviously, there is MUCH more to this story than then the details you have provided.

How can we be expected to give any thoughts that might be constructive with such limited information.

The Board had some reason to write you. There has to be some issue between you and the Board.

To ask for opinions based on so little they will be worth about the same LITTLE.

Joanne, I have been in your shoes. Even was physically attacked at a meeting once. It was all due to 1 person who I had spent years protecting the HOA from. He was a former president and didn't get over on me his ideas of ripping of the HOA on HIS behalf. Instead I pretty much ripped him from any control of the HOA and straightened the place up. He had a loooong history of ripping people off and then convincing people that that person was "Crazy" and had a grudge against them. There is just sooo many "crazy" people out there with a grudge you can have and actually DESERVE in my book....

It's tough to now be on the "other side" of the coin. You feel like you have just been blind sided and ALL the work you did was for naught. It can be quite a personal blow and rightly filled with some degree of bitterness and regret. I won't tell you to take it any other way. It is what it is and it's painful.

Let's start with that. You address the letter by "agreeing" that yes you have some bitterness and resentment. However, you list the reasons WHY you have that...I am bitter because I did correctly do my job just to watch my work be criticized and nick picked... You basically turn their "negative" into a positive on your end. Give them a good reminder of the work YOU did and they didn't. Then politely say you want to stay out of ANY of their business unless it's your business. Establish your lines of who your going to talk to and where you stand.

Just get out and stay out for a period of time to get perspective. People hang themselves with enough rope eventually. Just watch them hang until it's time to put them back up on their high horses again...LOL

Have fun with it, don't let a moron bother you.

Reply back and ask where in the CC&Rs or state law does it say homeowners are to abide by the "instructions and will of the board".

And ask for a list of said "instructions and will of the board".

And maybe ask what the punishment is for violations of the instructions and will of the board

Joanne,

The email deserves a response However, the response needs to be civil and factual. Try to avoid a this for that type of response.

Something like:

To the Board,

I received the attached letter implying that I failed to follow the rules and regulations of the Association. Although the letter is not clear on what specifically I am accused of violating I am of the understanding that it was due to my conversation with Mr. abc on the day of mm/dd/yyyy.

As the board is aware, I have served on the board and made many acquaintances with various people. As this is a neighborly community, I saw an opportunity to exchange some words with an old acquaintance. Something that I believe is allowed under the first amendment of the U.S. Constitution.

I am not sure of what actions you are referring to that created your opinion of me being "bitter, vile and hostile", using your words of course. I assure you I am aware of the agreement I entered into to comply with our Associations governing documents. If your letter refers to the governing documents as the "instructions and will of the Board", the Board has nothing to be concerned of.

Signature

CC: all board members
management company
Registered Agent
Associations Attorney (if not the registered agent).

If you wish, you could take the letter to an attorney for advise on how better to respond. However, I am of the opinion that you do not really want any issue to escalate and that you prefer that these members are just cautioned about acting stupid.

Tim