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Subject: Board member out to get President
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WilliamC15
(Florida)

Posts:19


03/06/2018 12:33 PM  
We live in Florida so we have both an HOA and a CDD. The HOA president also resides on the CDD board as a director. An HOA board member makes many false accusations against the CDD (embezzling, losing , wasting money) and its members (colluding and breaking Sunshine law, lining their pockets, not knowing how to read a budget), it's President (watches the security cameras for voyeuristic pleasure), and is also hassling the CDD management company, trying to catch the HOA president doing something wrong in the line of duty of the CDD board (wants details of every mile she has claimed, if you didn't lie to me then who did). I hope this isn't confusing.
In my mind the HOA and the CDD should be working together regardless of either board's membership AND this witch hunt behavior is unbecoming an officer of the HOA. He rallies his "audience" and they march into CDD meetings where sometimes it gets downright near fistacuffs.
So the question is, aside from voting him down off of the VP position he holds on the HOA board and then getting 2/3 majority of the members to vote him out, is there any legal recourse to his actions?

Thanks!
SheliaH
(Indiana)

Posts:2296


03/06/2018 12:47 PM  
This sounds like a SWIM (someone who isn't me) question - are you the president that the board member is out to get, a regular homeowner watching all this drama or another board member of the HOA?

If you're the president, it's a sad fact that some people behave like this because they really want your job and the only way to get it is to come up with all sorts of stuff to make you look bad. Unfortunately, some people don't think for themselves and would rather act based on sensationalism. This board member may be making all sorts of accusations, but unless and until he can prove it, he's just blowing smoke. In the meantime, the REST OF THE BOARD nees to bring him to heel - what are they doing?

You're correct that both groups need to work together - do you know if the CDD board is just as honked at this man's behavior? You may not be able to put him off the board (only the homeowners can do that by a recall or just voting him out), but the board(s) can have an executive session and have a come to Jesus meeting with this man about proper conduct. If he's concerned about the behavior of other board members he needs to take it up with them instead of spreading rumors. If he doesn't have verifiable proof of anything, he needs to pip down and then the Board needs to assert its authority and censure the guy, if warranted).

Continue to do things in a transparent and prudent manner - sometimes, you can't do anything about someone's behavior, but you can control how you're going to react to it. It may that this guy hasn't gotten anywhere beyond his audience because everyone else knows what a jackass he is and so he doesn't have enough firepower to get rid of the president. If you're a regular homeowner, there is a way to call out bad behavior without naming names (everyone will know who you're talking about) - stress the need for cooperation and how you're very concerns about the rumors, whispers and just plain old childish behavior that isn't conducive to running the association properly. If there are other neighbors who feel like you do, all of you should go to the meeting and speak your piece, then watch how the board reacts. If they just sit there and let this guy cause confusion, it may be the community should consider if all of them need to be replaced.
GenoS
(Florida)

Posts:2463


03/06/2018 1:23 PM  
You only need a majority of owners to get him off the HOA board.

FS 720.303(10 RECALL OF DIRECTORS (a)1:

"Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests."

Absent a felony conviction or falling 90 days behind in monetary obligations owed to the association, that is the ONLY way a director may be removed from a board of directors in Florida, and it doesn't matter if they were elected to the board by owners or appointed by other directors.

Do your best to ignore the troublemaker.
WilliamC15
(Florida)

Posts:19


03/06/2018 1:27 PM  
HAHA, no it's not my job! I'm on a committee, sitting on the sidelines watching all of this. I'm not afraid to pull public records when I hear whispers of things so I've not only seen what's been going on behind the scenes but I've also been able to disprove a lot of the allegations.

You are correct about him wanting the President's job. He pounds his chest about how he's been on the board for 5 years so it would lead you to believe he feels he's worthy of it even though he hasn't really accomplished anything but remind people that dues are payable, on outlets like Next Door and Facebook.

I do know that the board is aware of his behavior, what they plan to do about I don't know. I do know that it is divisive to the community and is influencing some of the residents, most of whom we could do without anyway.

I think you gave some great insight, thank you!
WilliamC15
(Florida)

Posts:19


03/06/2018 1:30 PM  
Posted By GenoS on 03/06/2018 1:23 PM
You only need a majority of owners to get him off the HOA board.

FS 720.303(10 RECALL OF DIRECTORS (a)1:

"Regardless of any provision to the contrary contained in the governing documents, subject to the provisions of s. 720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests."

Absent a felony conviction or falling 90 days behind in monetary obligations owed to the association, that is the ONLY way a director may be removed from a board of directors in Florida, and it doesn't matter if they were elected to the board by owners or appointed by other directors.

Do your best to ignore the troublemaker.




GenoS you are correct. The board can vote him down and out of the officer position to director but the members need to vote him out. In our case it's 2/3 vote.
GenoS
(Florida)

Posts:2463


03/06/2018 2:05 PM  
Posted By WilliamC15 on 03/06/2018 1:30 PM
In our case it's 2/3 vote.

With all due respect, I think not. The statute says it's a simple majority "regardless of any provision to the contrary contained in the governing documents". Why would you think something else applies? If your Bylaws, for example, say it's 2/3 then that provision of the Bylaws is null and void.
WilliamC15
(Florida)

Posts:19


03/06/2018 3:29 PM  
Posted By GenoS on 03/06/2018 2:05 PM
Posted By WilliamC15 on 03/06/2018 1:30 PM
In our case it's 2/3 vote.

With all due respect, I think not. The statute says it's a simple majority "regardless of any provision to the contrary contained in the governing documents". Why would you think something else applies? If your Bylaws, for example, say it's 2/3 then that provision of the Bylaws is null and void.




Primarily because when it came to getting the majority vote to raise dues that's what they used.

Would you kindly point me to the section of the statute that you quoted?
GenoS
(Florida)

Posts:2463


03/06/2018 3:36 PM  
Sure, it's in FS 720.303 here. Search on that web page for 'RECALL OF DIRECTORS' and it's right under that.
WilliamC15
(Florida)

Posts:19


03/06/2018 3:53 PM  
Thanks Geno.
WilliamC15
(Florida)

Posts:19


07/12/2018 8:32 AM  
UPDATE--the jerk is now running for the CDD board.
KerryL1
(California)

Posts:5842


07/12/2018 9:11 AM  
Tell us again. What is the "CCC board?" Who elects residents to it?
RichardP13
(California)

Posts:3107


07/12/2018 2:26 PM  
We had something like that out in my neck of the woods, actually just down the street from where I work. If you happen to be a basketball fan you might have heard about this.

The father of the son of a basketball player on one of our local professional teams wanted to paint his house white, but not the acceptable white that was part of the Architectural Guidelines that were in place prior to him moving in. He said "the hell with all of you" and proceeded to paint it BRIGHT white, trim and all. The association fined him after due process. Didn't pay and thumbed his nose at everyone.

Long story short, got a couple of his "buddies" and took over the Board. He know runs it like a dictator and if challenged, will use association funds to take anyone and everyone to court. I am the other 366 families would love to move out. BTW, he decided to be President and Secretary, which is against their Bylaws.
JanetB2
(Colorado)

Posts:4151


07/12/2018 6:00 PM  
Posted By WilliamC15 on 03/06/2018 3:29 PM
Posted By GenoS on 03/06/2018 2:05 PM
Posted By WilliamC15 on 03/06/2018 1:30 PM
In our case it's 2/3 vote.

With all due respect, I think not. The statute says it's a simple majority "regardless of any provision to the contrary contained in the governing documents". Why would you think something else applies? If your Bylaws, for example, say it's 2/3 then that provision of the Bylaws is null and void.




Primarily because when it came to getting the majority vote to raise dues that's what they used.

Would you kindly point me to the section of the statute that you quoted?


Keep in mind State Statutes can override your CCR’s in many cases. The exception is when the State Statute will defer to the CCR’s. It is always a good idea to read and be somewhat familiar with your State Statutes. Keep in mind in an HOA that knowing your Documents and Statutes that “Knowledge is Power”.

Also, get like minded people together to campaign against the individual for the CDD board if that is what everyone would prefer. Nip it in the tail end now before he gains more power.
KerryL1
(California)

Posts:5842


07/12/2018 8:20 PM  
Let me try again: What the heck is a CCD board??
GenoS
(Florida)

Posts:2463


07/12/2018 8:25 PM  
CDD, a Community Development District. It's not quite a municipality and it's not quite a private subdivision homeowners association.

I haven't done a lot of research on them but I'm aware they exist. In some ways they sound like the worst of both worlds. https://en.wikipedia.org/wiki/Community_development_district
MelissaP1
(Alabama)

Posts:7713


07/13/2018 5:10 AM  
People who lie, it's best they lie in them... Meaning don't waste the time or energy trying to dispute them. Unfortunately, that drags you into the lie and leaves you with a bit of lie on you. I've found it better not to involve yourself in deceit People who lie eventually are exposed. It's usually by their own actions.

I dealt with a lying scam artist President. Beat him in the election and took over office. Cleaned up the HOA and got it back on track. He again popped his head up and told a bunch of lies. Some really good whoppers that got "visits" from police drive by! Which was funny cause thought they were checking out the work I was doing on my new house I was remodeling. Mind you I was the Neighborhood watch captain/spear header so the police knew me. They realized quickly he was lying.

I ended up walking away from the HOA but staying as a Board member to help the new board out. It became a nightmare and was nearly attacked by a board member because of him. They passed a special assessment I fought with a group of owners that wasn't necessary in the amount they wanted. Plus not being used for what they said. Again influenced by this liar.

Well about 6 months later after the dust settled, it all came out. They all realized they had been duped by this guy. Eventually ALL the truths I had done came out. People started talking to me again. Found out just how many lies he had said. You know what? In the end it did not matter to me. I rose above it all and just moved on. Him? He still lives there and has to keep telling lies to keep his head up and his property not damaged...

Former HOA President
WilliamC15
(Florida)

Posts:19


07/13/2018 6:11 AM  
Posted By KerryL1 on 07/12/2018 8:20 PM
Let me try again: What the heck is a CCD board??




Hi Kerry,

A Community Development District is basically in lieu of a municipality and allows for financing of infrastructure of a new development through the sale of bonds.

In our community, the HOA is responsible for enforcement of the rules surrounding residences. The CDD has enforcement and maintenance of community facilities that are shared by residents. The residents pay back the bonds used for infrastructure through CDD fees that are incorporated into the monthly mortgage payment. So for about $1600 per year I, as a resident, get amenities such as gym, pool, playground, pavilions, etc to use and my money also buys and maintains them through the bonds that I am paying back along with all the other residents.

The CDD has a management company that works for the CDD board. The CDD board members are publicly elected officials who have to abide by typical county election guidelines. So Jerkface will be on the ballot when we all vote in November.

If you want to peruse meeting minutes, financials, etc. to get a better idea about CDDs than I probably gave above you can go to Highlandscdd.com and poke around.
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