Get 2 months of free community web site hosting from Community123.com!
Thursday, November 15, 2018
Get 2 months of free community web site hosting from Community123.com!


SBCA: Free education for HOAs and condos on satellite placement issues.
(National Trade Organization)
Helping HOAs, condos and property managers with satellite placement issues since 1986.
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: New Board Reverses Decision of Prior Board
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
HaleyH
(Illinois)

Posts:35


02/07/2018 5:56 PM  
The prior Board had assessed two large dog fines against an owner-- A Board Meeting was held and requested that the dog owner attend to discuss the 'charges' in a closed session. The member didn't attend but her attorney sent an email a few days later stating the HOA had no proof of her dog going in another member's yard. A new Board is now in place and feels the way the fines were determined and assessed were out of line:

1. The president of the prior Board was not notified of the fines assessed to the member. (this action of fining the member was the work of the treasurer)

2. There is no proof of the dogs pooping in the yard (but there are emails and letters in this members file of notification of older complaints regarding her dogs)

3. 1st fine was $100, 2nd fine was $250 (Dog owner had received a certified letter prior to this that the next time the dogs pooped in the neighbor's yard these fines would be assessed)

4. After the certified letter was sent to the dog owner; it was soon after a monthly charge was made for the $100, next month $250, and 3rd month; their was a 3rd fine $400. The 3rd fine was waived after considerable discussion with the one last remaining Board member from the 'old regime'.

5. The treasurer charged her monthly without notifying any members of the Board (it his yard that the dog is charged with going in.)

This dog owner has access to an attorney at no expense we think - but more importantly the new Board feels why Risk paying legal fees for a situation that the HOA would lose. The new Board wants to hold another closed session and have the dog owner come to discuss - and the new Board wants to waive all fees due to all outlined above.

Question -- can the new Board reverse the 'settled matter' of the prior Board?

We have an irate prior Board member who is insisting the dog fines remain....and he is ok if we need to pay legal fees if she takes us to court.


TimB4
(Virginia)

Posts:16005


02/07/2018 5:58 PM  
Yes, new boards can modify or reverse decisions of past boards.

HaleyH
(Illinois)

Posts:35


02/07/2018 6:22 PM  
Thank you for the quick response -- I'm in Illinois.... what resource would be available for me to reference when I announce this? We are small only 17 units - we are registered as a non for profit corporation.
MelissaP1
(Alabama)

Posts:7716


02/07/2018 7:43 PM  
Would you NOT want them to reverse this? It sounds like the new board is making the right decision on everyone's behalf. Hopefully, one of the reasons the former board is no longer in place. Seriously, let them do their job and do the right thing. Everything you stated pretty much screams the HOA is in the wrong for the situation. Considering it doesn't sound like it has a proper fine schedule in place. Sounds more like an on the fly idea.

Fines also are enforceable differently in each state. Many states you can't lien or foreclose for unpaid fines. Suing for them is a bad idea. There are some "inventive" ways a HOA can enforce fines which I don't agree with. Which makes dues paid apply to fines leaving a dues owed balance. Not to say a HOA can't or shouldn't fine. Just know if your HOA is allowed to fine, has it defined, and it is known what is fineable.

Former HOA President
HaleyH
(Illinois)

Posts:35


02/07/2018 7:48 PM  
Thanks for responding.... we had some ego-crazed, control freaks, and 'masters of the universe' wanna bees.... they have been detrimental to the HOA. We will reverse this decision and move on. (I'm on the new Board - failed to mention). And yes our Board can fine.
TimB4
(Virginia)

Posts:16005


02/07/2018 7:50 PM  
There is nothing specific in IL statutes.

Keeping in mind that Resolutions are simply decisions of the Board, I do offer the following:

RESCINDING A BOARD DECISION from a CA attorney site who refers to Roberts Rules of Order

Parliamentary procedure: What is a motion to rescind? From Michigan State University

Board Can Rescind Resolution If It Wishes a 1990 Chicago Tribune Article

Robert’s Rules for Rescinding or Amending Something Previously Adopted from Roberts Rules for Dummies

On further thought . . . Reversing earlier board decisions 2012 article from Canada
KerryL1
(California)

Posts:5852


02/07/2018 8:26 PM  
I believe that Tim's cites are appropriate. So long as the Board's decisions or resolutions don't conflict with what's in higher level docs, the Board can rescind previous decisions or resolutions.
BenA2
(Texas)

Posts:531


02/07/2018 8:38 PM  
Unless there is something in your governing documents stating a board's decision is final, the same board or a later board could reverse a decision.

You stated that the treasurer assessed the fines and the president did not know about it. That sounds like it was not a board decision in the first place. If the treasurer has the authority to fine someone without board approval, he should have recused himself in this case because it sounds like he is the complainant.

If the board actually made the decision after following all proper procedures, then I can see why someone would be upset but the new board has a duty to do what they believe is in the best interest of the association. If that means reversing a previous decision, that is what they should do.

Despite the attorney's assertion of lack of proof, one credible eyewitness is all that is required.
JanetB2
(Colorado)

Posts:4160


02/07/2018 11:58 PM  
What it will come down to is what the Owner’s attorney stated ... DOES the BOD have PROOF of any wrong activity??? A photo could be offered as proof ... if you do not have any such proof it should be another he said / she said issue. Any BOD should avoid any such scenarios because most likely if it goes to Court ... their question will be “show me your proof”. When you cannot offer any such proof ... you potentially loose a lot of $$$.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > New Board Reverses Decision of Prior Board



Get 2 months of free community web site hosting from Community123.com!



News Articles Provided by: Community Associations Network
News, articles and blogs about condos/HOA's

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice:  (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.

Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement