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Subject: Questionable Board behavior
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Author Messages
KP3
(Texas)

Posts:92


04/05/2017 4:47 PM  
Need advice. The following was posted on social media by a board member on a non HOA Facebook page/group. I realize there is freedom of speech here but is there anything that can be done? Names of management and the community have been removed

"Good news! We are one vote away from removing (MGMNT CO). However, the board is resistant to change and says that (the community) can go to hell because they call the shots and not the community at large. This board continues to sit back and smile in your face while stabbing you in the back. The continued lies and deception is taking place behind the scenes. As I caught a board member in a blatant lie, she ran back under her rock and refused to provide proof to her lies. Notice the board members refused rushed to help homeowners who are illegally being targeted with tree violations. Imagine you purchase your home in good faith, and find out 10 years later find out your builder did not follow parts of the error-filled CC&R, but instead followed the city ordinances. It's funny how the designer of the flawed CC&R knew it was flawed, and refused to comply with it's own wording, by installing the one tree as outlined by the City of Anna. Imagine your builder failed to install sprinkler systems mandated by the CC&R. Imagine your playground equiptment is in violation of the CC&R. Imagine your work truck/car with signage sitting in your driveway is in violation with the CC&R.Imagine your inoperable vehicle sitting on flats in your driveway, leaking oil is in violation of the CC&R. Imagine the board pushing to open the pool before repairs are completed, putting all at risk. Imagine wearing coats and jackets to the pool because the board wants the pool opened earlier than the nation-wide pool openings as their bragging rights. Imagine a pool monitor, rather than a life guard, sitting there watching your loved one drown because they aren't qualified or certified to save lives. Imagine a board member telling you what you can and can't plant in your own yard without authority. Imagine the City of (??) laughing at (the community) because of the frivolous complaints by nosy board members. Imagine your young daughters hanging out with friends around the pool being approached by perverted guys, but thanks the adult male neighbors seeing what's happening and rushing to their aid. Imagine, just imagine. I'm done!"


They also went on to say other things that were untrue and incorrect. Advice? Suggestions?
Thanks in advance..
TimB4
(Virginia)

Posts:14315


04/05/2017 5:45 PM  
Getting into a pissing contest on social media will not resolve anything.

Make sure that you keep the membership informed by having a newsletter (not just a website).
Publish facts and publish often.

Don't mention the social media posting.
Simply report what is going on in the newsletter.

If there are reasons for the boards decisions, mention it in the letter.
For example:
The Board has chosen to obtain the services of a pool monitor vs. a lifeguard due to liability risks.
Per our (research, insurance company, attorney, applicable statute, etc.) this action does abxdef
KerryL1
(California)

Posts:4075


04/05/2017 8:38 PM  
Are you on the Board, KP? (sorry, can't remember everyone's previous posts). Especially if you are, then I entirely agree with Tim's advice.
GenoS
(Florida)

Posts:1319


04/06/2017 9:28 AM  
Ignore it.
JohnC46
(South Carolina)

Posts:6693


04/06/2017 11:28 AM  
I agree with the prior posters. All you do when you wrestle with a pig is get dirty. Ignore it.
KP3
(Texas)

Posts:92


04/07/2017 8:47 AM  
Posted By KerryL1 on 04/05/2017 8:38 PM
Are you on the Board, KP? (sorry, can't remember everyone's previous posts). Especially if you are, then I entirely agree with Tim's advice.




Yes, I am a board member. There are two Facebook groups for our neighborhood. One that posts good information and things going on in the community,and the other where this board member has posted this crap. I have ignored this from her as well as crap from another board member. I was just wondering if there was something here that could get the board sued or even have a legal action brought against her as she seems to be a liability to the board. Evidently we must wait out her term in hopes that someone will volunteer for it. That seems to be a hard thing for people to do. The All want to gripe but no one wants to do anything...
SheliaH
(Indiana)

Posts:1859


04/07/2017 10:57 AM  
If you’re wondering about possible legal fallout, it’s best to run that by your association attorney. You could hold an executive session and discuss the matter with her – it’s one thing to disagree with a board decision, but once a vote has been taken, no one should undermine that decision.

That said, the others are right – I suspect many of your neighbors aren’t paying attention to this lady, especially if she spends more time calling people out of their name and not saying anything of substance. Best to ignore and let her rant unless and until someone does scream about suing the association. I doubt they’d get very far – none of this was on the official Association sites and that person would have to prove otherwise. If the woman gets sued personally, that’s her problem.
JanetB2
(Colorado)

Posts:3061


04/07/2017 10:47 PM  
If the individual is an Officer and your Officers are voted by the BOD after your Membership Election and not by members voting for individual officers ... the BOD can remove them from Officer position and state the reason why being removed. Unfortunately while no longer an Officer they will remain as a Director until end of term unless the members remove. That potentially could help protect the BOD from anyone suing as the BOD could state they took steps within reason and as allowed to not have the HOA held accountable for one individuals actions taken outside the BOD. I personally find it reprehensible a BOD member is acting in such a fashion.

As others noted I would otherwise ignore ... if any member comes up and asks about it simply explain BOD view and offer copies of meeting minutes on situation to dispute what is stated on the web. Hopefully most of your members who read will realize it is stupid and unethical.
KerryL1
(California)

Posts:4075


04/08/2017 8:05 AM  
Does your Board have a Code of Ethics or similar document? This usually contains a statement that each director accepts the decisions of the board. There probably are sample Codes of Ethics or Commitment Pledges online, I imagine.

Now these Board decisions DO have to be made and voted on at meetings, not behind the backs of the Owners.

If you all sign, then the rest of your board can "censor" her for not adhering to the Code. Even if you don't have a Code of Ethics, in executive session a majority of directors t can direct her to cease and desist with her behavior. Why? Because it's disruptive to your HOA.

But if you can't get a majority of directors to instruct her in this way, they obviously don't agree with you and you'll just have to wait for the next election and campaign against her.
KerryL1
(California)

Posts:4075


04/08/2017 8:05 AM  
Does your Board have a Code of Ethics or similar document? This usually contains a statement that each director accepts the decisions of the board. There probably are sample Codes of Ethics or Commitment Pledges online, I imagine.

Now these Board decisions DO have to be made and voted on at meetings, not behind the backs of the Owners.

If you all sign, then the rest of your board can "censor" her for not adhering to the Code. Even if you don't have a Code of Ethics, in executive session a majority of directors t can direct her to cease and desist with her behavior. Why? Because it's disruptive to your HOA.

But if you can't get a majority of directors to instruct her in this way, they obviously don't agree with you and you'll just have to wait for the next election and campaign against her.
KP3
(Texas)

Posts:92


04/10/2017 3:37 PM  
Posted By JanetB2 on 04/07/2017 10:47 PM
If the individual is an Officer and your Officers are voted by the BOD after your Membership Election and not by members voting for individual officers ... the BOD can remove them from Officer position and state the reason why being removed. Unfortunately while no longer an Officer they will remain as a Director until end of term unless the members remove. That potentially could help protect the BOD from anyone suing as the BOD could state they took steps within reason and as allowed to not have the HOA held accountable for one individuals actions taken outside the BOD. I personally find it reprehensible a BOD member is acting in such a fashion.

As others noted I would otherwise ignore ... if any member comes up and asks about it simply explain BOD view and offer copies of meeting minutes on situation to dispute what is stated on the web. Hopefully most of your members who read will realize it is stupid and unethical.




I agree about her actions as a board member. She and another director seem to have their own agendas...
KP3
(Texas)

Posts:92


04/10/2017 3:41 PM  
Posted By KerryL1 on 04/08/2017 8:05 AM
Does your Board have a Code of Ethics or similar document? This usually contains a statement that each director accepts the decisions of the board. There probably are sample Codes of Ethics or Commitment Pledges online, I imagine.

Now these Board decisions DO have to be made and voted on at meetings, not behind the backs of the Owners.

If you all sign, then the rest of your board can "censor" her for not adhering to the Code. Even if you don't have a Code of Ethics, in executive session a majority of directors t can direct her to cease and desist with her behavior. Why? Because it's disruptive to your HOA.

But if you can't get a majority of directors to instruct her in this way, they obviously don't agree with you and you'll just have to wait for the next election and campaign against her.




I have sent one to the management company but the seem hesitant to implement it. Apparently I will have to implement this on my own.
KerryL1
(California)

Posts:4075


04/10/2017 5:11 PM  
Management would not implement it, the board would. Is it a "real" Code that you found somewhere? Or did you make it up yourself?
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