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Subject: Fraudulent BOD Meeting
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ReneeH5
(Texas)

Posts:22


07/08/2019 5:16 PM  
What repercussions are there for a former board member to post a flyer calling a board of directors round table meeting with misinformation to intentionally mislead the community?
MarkW18
(Florida)

Posts:196


07/08/2019 5:53 PM  
I hear they are bringing back burning witches at the stake soon.
GenoS
(Florida)

Posts:3327


07/08/2019 6:03 PM  
Posted By ReneeH5 on 07/08/2019 5:16 PM
What repercussions are there for a former board member to post a flyer calling a board of directors round table meeting with misinformation to intentionally mislead the community?

Probably none.
MarkM19
(Texas)

Posts:448


07/08/2019 6:07 PM  
Renee,
It is only a illegal meeting if a Majority of the Current board attends. This person is not counted in that quorum number because he is just an ordinary homeowner at this point. I would hope your current board would be smart enough to stay away from this round table.

The problem with angry Ex board members is they usually have real information that they have learned over the years while serving that can be exposed. I have had several angry ex board members that I helped become ex board members over the years. They yell and complain at the meetings but never tried to create another board meeting outside of the regular meeting.

My suggestion is to wait and see what happens. I always tell people that "Worrying Really Works" because 95% of the stuff you worry about never happens.
KerryL1
(California)

Posts:6703


07/08/2019 8:22 PM  
Just curious, Renee, what's the wording on this flyer? Delete the name of your HOA and other "real" names. I wonder what it actually says.
LetA
(Nevada)

Posts:818


07/09/2019 5:54 AM  
First off you have to prove the BOD posted the flyer with the erroneous information. It could have been posted by a rogue homeowner. Second, if the information on the flyer in question is different from the usual start time. day of week and location; why didn't you as a owner question the information? Trust but verify.
PestY


Posts:0


07/09/2019 6:55 AM  
Posted By MarkM19 on 07/08/2019 6:07 PM
Renee,
It is only a illegal meeting if a Majority of the Current board attends. This person is not counted in that quorum number because he is just an ordinary homeowner at this point. I would hope your current board would be smart enough to stay away from this round table.

The problem with angry Ex board members is they usually have real information that they have learned over the years while serving that can be exposed. I have had several angry ex board members that I helped become ex board members over the years. They yell and complain at the meetings but never tried to create another board meeting outside of the regular meeting.

My suggestion is to wait and see what happens. I always tell people that "Worrying Really Works" because 95% of the stuff you worry about never happens.




"majority" could be wrong - "quorum" would be correct

a "quorum" may, or may not, be a majority

however

motions are passed or rejected by a majority vote of a quorum of the BOD

many (not all) jurisdictions specify that a BOD meeting occurs when a quorum of the Board members 'meet' or gather to discuss business
SheliaH
(Indiana)

Posts:2749


07/09/2019 10:06 AM  
It depends. You say this is a round table meeting, but is that the same as a regular board meeting or a meeting where people will simply discuss the issue and no vote will be taken on anything? Why is the former board member objecting to this meeting? If repercussion is an issue, what is the former board member concerned about - being sued, ridiculed, ignored, etc.?

(By the way, are YOU the former board member – I’m getting that SWIM {someone who isn’t me} vibe)

Personally, I might go to the meeting and listen to what’s being said – hopefully, I’d figure out if there’s a problem with the information that’s been distributed up to that point. If there isn’t enough information at all or what I’m hearing is BS, I’d point that out during the meeting. If other homeowners feel the same way, it may be enough for everyone to say this is BS – give us more information (accurate this time) and then we’ll let you know how the board should proceed.
ReneeH5
(Texas)

Posts:22


07/09/2019 12:20 PM  
Posted By KerryL1 on 07/08/2019 8:22 PM
Just curious, Renee, what's the wording on this flyer? Delete the name of your HOA and other "real" names. I wonder what it actually says.





This is what was taped to only certain mailboxes. The meeting was not held at the pool but was held at his residence. The lmeet at the pool” was only a ruse.

Attachment: 179201160571.pdf

ReneeH5
(Texas)

Posts:22


07/09/2019 12:20 PM  
Posted By SheliaH on 07/09/2019 10:06 AM
It depends. You say this is a round table meeting, but is that the same as a regular board meeting or a meeting where people will simply discuss the issue and no vote will be taken on anything? Why is the former board member objecting to this meeting? If repercussion is an issue, what is the former board member concerned about - being sued, ridiculed, ignored, etc.?

(By the way, are YOU the former board member – I’m getting that SWIM {someone who isn’t me} vibe)

Personally, I might go to the meeting and listen to what’s being said – hopefully, I’d figure out if there’s a problem with the information that’s been distributed up to that point. If there isn’t enough information at all or what I’m hearing is BS, I’d point that out during the meeting. If other homeowners feel the same way, it may be enough for everyone to say this is BS – give us more information (accurate this time) and then we’ll let you know how the board should proceed.




I am not the former board member no... And I was not welcome to attend
AugustinD


Posts:1990


07/09/2019 12:51 PM  
Posted By ReneeH5 on 07/08/2019 5:16 PM
What repercussions are there for a former board member to post a flyer calling a board of directors round table meeting with misinformation to intentionally mislead the community?


The former board member may be guilty and/or liable for an act of "ultra vires." The Board should have its attorney send him a letter of warning saying same.
BarbaraT1
(Texas)

Posts:240


07/09/2019 12:54 PM  
I'm still confused at what's going on here.

Is the actual, current board of directors meeting?

Or is a former board member having a meeting of at his house and is calling it a board meeting?

KerryL1
(California)

Posts:6703


07/09/2019 1:07 PM  
I must be doing something wrong, but can't open th attachment, Renee.

Others: I think Renee is saying that a former director has called meeting and is pretending it's a "board meeting." I believe that IS the "misinformation." Or perhaps thee's other piece of misinformation in the flyer. That's why i wanted to see it.

Are you on the board, Renee?
ReneeH5
(Texas)

Posts:22


07/09/2019 2:02 PM  
Posted By KerryL1 on 07/09/2019 1:07 PM
I must be doing something wrong, but can't open th attachment, Renee.

Others: I think Renee is saying that a former director has called meeting and is pretending it's a "board meeting." I believe that IS the "misinformation." Or perhaps thee's other piece of misinformation in the flyer. That's why i wanted to see it.

Are you on the board, Renee?




Yes. I tried to attach a jpg but it said it was too big
KerryL1
(California)

Posts:6703


07/09/2019 2:38 PM  
Are you saying, Renee, that "yes" you're on the board? Or, "yes," my interpretation is correct? Or both?

I feel like I still don't know what this man wrote so can't say if it might be serious or something to ignore.

CathyA3
(Ohio)

Posts:508


07/09/2019 4:08 PM  
Posted By ReneeH5 on 07/09/2019 2:02 PM
Posted By KerryL1 on 07/09/2019 1:07 PM
I must be doing something wrong, but can't open th attachment, Renee.

Others: I think Renee is saying that a former director has called meeting and is pretending it's a "board meeting." I believe that IS the "misinformation." Or perhaps thee's other piece of misinformation in the flyer. That's why i wanted to see it.

Are you on the board, Renee?




Yes. I tried to attach a jpg but it said it was too big




Try re-sizing the jpg or insert it into a Word document, and see if that works.
ReneeH5
(Texas)

Posts:22


07/09/2019 5:29 PM  
https://drive.google.com/file/d/18rVwiWk_yvUG5p3ug8jZTJCU_JwaOTJX/view?usp=sharing_eil&ts=5d253143
ReneeH5
(Texas)

Posts:22


07/09/2019 5:30 PM  
Not sure if that will work or not
PatJ1
(North Carolina)

Posts:94


07/09/2019 5:42 PM  
Posted By ReneeH5 on 07/09/2019 5:30 PM
Not sure if that will work or not




Thank you, that did work.

It doesn't appear to be a BOD meeting, but rather a invite to owners to see if there is enough interest from them to hold a special meeting to replace the BOD. If there is enough interest, then a special meeting must be called by the BOD.

What happened at the meeting. Have your heard?



Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
ReneeH5
(Texas)

Posts:22


07/09/2019 6:16 PM  
Posted By PatJ1 on 07/09/2019 5:42 PM
Posted By ReneeH5 on 07/09/2019 5:30 PM
Not sure if that will work or not




Thank you, that did work.

It doesn't appear to be a BOD meeting, but rather a invite to owners to see if there is enough interest from them to hold a special meeting to replace the BOD. If there is enough interest, then a special meeting must be called by the BOD.

What happened at the meeting. Have your heard?





Then why call it a board of director(s) round table meeting? The "facts" claimed there are not truthful and he knows it yet he keeps touting that. And he has accused the board of doing illegal actions. He's used attys for petty crap but yet not one complaint about these accusations. And Yes I have heard from someone that was at the meeting. Every time he was asked a direct question he deflected. That is because if he answered factually he'd be found not credible. I'm hoping that the new homeowners that he attracted (there were maybe five) know enough to ask for facts. But none have so far..
SheliaH
(Indiana)

Posts:2749


07/09/2019 8:04 PM  
The truth has a kooky way of coming out even when people think they're being cute in trying to hide it, so at this point, watch for the aftermath. If there weren't a lot of people there, you may not have anything to worry about. As for the new residents, one can only hope they'll talk to other people and ask for more information. In fact, this could be an opening for you - why not be a good neighbor and go introduce yourself? You can start by providing information on community rules, when board meetings are held and what not, and from there, they might ask you about the items discussed at the meeting and you can tell them what you think. After that, they have to be adults and decide for themselves who's telling the truth.

NpS
(Pennsylvania)

Posts:3865


07/09/2019 8:20 PM  
I can see where the title for the meeting could be confusing. But I don't think that was the intent.

To avoid this confusion, it should have been called a Round Table Meeting on Replacing the Board of Directors.

Is it legitimate for a homeowner to call such a meeting? Sure.

Is it legitimate for a homeowner to hold such a meeting on HOA property? Not sure, unless everyone is invited.

Is it legitimate for a homeowner to hold such a meeting in his own home? Sure. He can exclude anyone he wants.

Is it legitimate for a homeowner to post a notice on some mailboxes and not others? Probably not, especially if you have rules about posting.

Then again, one voice doesn't accomplish anything. And if he was deflective, people won't join him.

In your shoes, I would look at your Bylaws to see what the requirements are to demand a special meeting. Most HOA's require the signature of some percentage of the owners. 25% is fairly common. IF he can get that many signatures on a petition he can get his Special Meeting. But to remove the Board, it will probably take a supermajority (often 67% of the owners) to vote on removal and replacement. That percent should also be in your Bylaws.

From the looks of the flyer, he seems to be saying that there should have been an Election that didn't take place. If that's the case, and he is correct, then all you need is to hold an election. But that might not be the case at all.




Sikubali jukumu. Read all posts at your own risk.
PatJ1
(North Carolina)

Posts:94


07/10/2019 1:47 AM  
Located a website that appears to be your HOA. This was on the front page:

*****************

Board Appointment Candidates
Published: June 20, 2019

The Board is looking to appoint new members to the empty positions on the Board. The successful candidate will have a passion for the community, some free time, and ideas on how to make things better. The time commitment is probably 15-30 minutes per day, and two hours per quarter for meetings.

*****************

Without knowing when the last Annual Meeting was, or if there was even a quorum to vote for Directors, I'm reading that the organizer is upset at the idea of appointments to fill vacant seats on the Board. Appointments are common when there is a vacancy to fill the position until the next election.

Our community ran for years with only appointed Board members because we could never achieve a quorum at our Annual Meeting. Our current Board was elected 3 years ago and are still seated because of failing to reach quorum since. We also have vacancies without anyone interested in applying.

About 5 years ago our entire Board resigned except for one member who was newly appointed. Appointments are necessary to allow the Board to continue to function.

If the owners are unhappy with the Board, with enough owner support they can call for a Special Meeting to elect new Directors.


Board members are volunteers. Many have no idea what they're doing. Educate them. Don't beat them up.
ReneeH5
(Texas)

Posts:22


07/10/2019 5:57 AM  
Posted By NpS on 07/09/2019 8:20 PM
I can see where the title for the meeting could be confusing. But I don't think that was the intent.

***It was very much the intent. His individual is a former board member who is still upset he didn’t get the position he wanted.

To avoid this confusion, it should have been called a Round Table Meeting on Replacing the Board of Directors.

Is it legitimate for a homeowner to call such a meeting? Sure.

***But to call it a Board of Director(s) Meeting? That makes it seem like the actual board called it therefore making it seem like actual HOA business. And it further pushes his accusations of ‘non-transparency’ and illegal actions by this board.

Is it legitimate for a homeowner to hold such a meeting on HOA property? Not sure, unless everyone is invited.

***Not everyone was invited hence why it was moved to his house.

Is it legitimate for a homeowner to hold such a meeting in his own home? Sure. He can exclude anyone he wants.

***Anyone can have a ‘party’..

Is it legitimate for a homeowner to post a notice on some mailboxes and not others? Probably not, especially if you have rules about posting.

***We have rules about signage yes.

Then again, one voice doesn't accomplish anything. And if he was deflective, people won't join him.

***I truly hope these people are smart enough to see through his BS at the annual meeting. He is very cunning and people believe him right now...

In your shoes, I would look at your Bylaws to see what the requirements are to demand a special meeting. Most HOA's require the signature of some percentage of the owners. 25% is fairly common. IF he can get that many signatures on a petition he can get his Special Meeting. But to remove the Board, it will probably take a supermajority (often 67% of the owners) to vote on removal and replacement. That percent should also be in your Bylaws.

From the looks of the flyer, he seems to be saying that there should have been an Election that didn't take place. If that's the case, and he is correct, then all you need is to hold an election. But that might not be the case at all.

***The election is coming up at the end of the month and he knows that. He pulled this same crap last year although not to this extreme, about the terms (his term included). He clearly doesn’t understand the documents and is trying to divide the community with misinformation and lies. Yes there is history. I merely asked about this particular flyer and they way it was written to deceive the community into thinking it was a legitimate board meeting.






ReneeH5
(Texas)

Posts:22


07/10/2019 6:03 AM  
Posted By PatJ1 on 07/10/2019 1:47 AM
Located a website that appears to be your HOA. This was on the front page:

*****************

Board Appointment Candidates
Published: June 20, 2019

The Board is looking to appoint new members to the empty positions on the Board. The successful candidate will have a passion for the community, some free time, and ideas on how to make things better. The time commitment is probably 15-30 minutes per day, and two hours per quarter for meetings.

*****************

Without knowing when the last Annual Meeting was, or if there was even a quorum to vote for Directors, I'm reading that the organizer is upset at the idea of appointments to fill vacant seats on the Board. Appointments are common when there is a vacancy to fill the position until the next election.

Our community ran for years with only appointed Board members because we could never achieve a quorum at our Annual Meeting. Our current Board was elected 3 years ago and are still seated because of failing to reach quorum since. We also have vacancies without anyone interested in applying.

About 5 years ago our entire Board resigned except for one member who was newly appointed. Appointments are necessary to allow the Board to continue to function.

If the owners are unhappy with the Board, with enough owner support they can call for a Special Meeting to elect new Directors.





The last annual meeting was last March when he was replaced with another member that ran for the board position whose term was up. HIS. That is the “special meeting” claim on the flyer. He is telling these people, and anyone else who will listen, that the board is “taking away their right to vote by appointing board members” which isn’t true. The current board understands all of this but this individual is hell bent because his ego is bruised from not getting the position he originally wanted and getting replaced when his term was up for re-election..
ReneeH5
(Texas)

Posts:22


07/10/2019 6:08 AM  
Posted By SheliaH on 07/09/2019 8:04 PM
The truth has a kooky way of coming out even when people think they're being cute in trying to hide it, so at this point, watch for the aftermath. If there weren't a lot of people there, you may not have anything to worry about. As for the new residents, one can only hope they'll talk to other people and ask for more information. In fact, this could be an opening for you - why not be a good neighbor and go introduce yourself? You can start by providing information on community rules, when board meetings are held and what not, and from there, they might ask you about the items discussed at the meeting and you can tell them what you think. After that, they have to be adults and decide for themselves who's telling the truth.





I get what you’re saying but sadly most of the folks that attended this meeting at his house live on this street (he lives next door) and he’s already “poisoned the water” so to speak. People that used to speak to me no longer do for whatever reason. And others seem afraid to wave or be seen talking to me. It’s like fifth grade! We just changed management so are still having growing pains but we DO give proper notice as required by law for ALL meetings. Some think Facebook should be used to inform everyone of the goings on in the HOA... I disagree.
NpS
(Pennsylvania)

Posts:3865


07/10/2019 6:51 AM  
My point was:
- Misleading ... Yes.
- Fraudulent ... Don't think so.
- Manipulative ... Absolutely.
- Intentional ... Kind of, but not to the level of being fraudulent.

You are dealing with someone with an axe to grind who was voted out of office. Always difficult.

Then again, you appear to be rather angry and your neighbors might react negatively to the intensity of your feelings.

If you're going to run a new election, then explain what you've accomplished and talk about how working together has been better since the new BOD was formed. Maybe even talk about the weaknesses of the old BOD when the angry guy was pushing people around. Your owners must have replaced him for a reason. Did his replacement live up to their expectations?

You'll never get rid of his nonsense. But you can lobby the people that don't live on his street to vote for the best candidate, not the best noisemaker.

The biggest complainers are rarely the best board members.

Sikubali jukumu. Read all posts at your own risk.
JohnC46
(South Carolina)

Posts:8827


07/10/2019 8:15 AM  
Posted By NpS on 07/10/2019 6:51 AM
My point was:
- Misleading ... Yes.
- Fraudulent ... Don't think so.
- Manipulative ... Absolutely.
- Intentional ... Kind of, but not to the level of being fraudulent.

You are dealing with someone with an axe to grind who was voted out of office. Always difficult.

Then again, you appear to be rather angry and your neighbors might react negatively to the intensity of your feelings.

If you're going to run a new election, then explain what you've accomplished and talk about how working together has been better since the new BOD was formed. Maybe even talk about the weaknesses of the old BOD when the angry guy was pushing people around. Your owners must have replaced him for a reason. Did his replacement live up to their expectations?

You'll never get rid of his nonsense. But you can lobby the people that don't live on his street to vote for the best candidate, not the best noisemaker.

The biggest complainers are rarely the best board members.




Well said.
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