Tyrant for a president HELP!

I am looking for advise or a referall to an attorney in the orange county california area? Please read and let me know what you think, I don't know what else to do. Our CC&R's allow cumulitive voting and we have no bylaws and a very small set of rules for our association which allows this man to do whatever he wants.

I am on the board of directors of our association, which is headed by a tyrant dictator president whom hates me because I have caught him with evidence mind you of many illegal activities which I have listed below and he is trying to shut me up any way he can. This is my latest problem. He had his daughter send out a vicious letter telling everyone in our association that I was a liar and could not be trusted to be on the board of directors. Attached to this letter was a copy of my grant deed which I know is public information but to send it out to everyone in our association. Does this type of situation fall under a litigate libel lawsuit or is this just an example of free speech? As far as the grant deed even though it is public information is there any laws that protect individuals from this kind of public disclosure? Anyway there is more to this story but this is the summary version. Is there a case here? The following is a brief list of violations that I have evidence of. As you read them keep in mind our association has no bylaws, we only have a set of CC&R's that date back to 1965. Sorry to be so long winded but I don't know what else to do to stop this man. We have started a recall of the board of directors but fear that he will block it using our association money hiring attorneys. I am not alone in my fight as I have about 60% of our association that supports my efforts and that number is climbing. Can you help us?

1. Spending association funds without board of directors approval

2. Disciplining homeowners without due process or board of directors approval

3. Entering into vendor contracts and ending vendor contracts without board of directors approval

4. Acting on an action without meeting without full approval from the board of directors

5. Discriminating against homeowners maintenance requests because he does not like them

6. Discriminating against tenants by disciplining them when owner occupied owners with same violations

7. Allowing some owners to alter the common area without board of director’s approval and disciplining others that do the same thing

8. Misinterpreting law and the Davis Sterling act for own agenda. Even though multiple attorneys have advised otherwise

9. Badgering venders causing them to quit because they can’t do there job

10. Intimidating homeowners to either vote or slandering people that don’t agree with him

11. Calling executive session meetings on days that he knows board members can’t attend so he can get his own agenda items passed

12. Calling excessive executive meetings in order that the home owners can’t attend so they don’t know how he is spending there money or arbitral passing rules in violation of the Davis Sterling Act, Civil Code and Corporate Code

13. Ignoring board of director’s discussions and votes by calling last minute meetings to over turn previous votes that were taken

14. Transferring money from association accounts without board of director’s approval

15. Refusing to submit minutes from meetings, bank register books, vender contracts when asked by owner

16. Fraudulently creating documents to support own agenda

17. Lying to homeowners and slandering other members and directors to support own agenda

18. Denying access to the common area to residents by closing the pool without members or board of directors approval

19. Refusing to hold regular homeowner meetings (2) meetings in a 12 month period

20. Refusing to hold quarterly financial meetings as required by the Davis Sterling Act

21. Entering owners property without notice

22. Mail fraud and hate mail in owners mail boxes without postage

23. Putting the association in a liable situation by climbing on roofs and doing maintenance projects himself
24.
25. Enforcing a maintenance matrix that was not approved by the membership or board of directors that makes each homeowner who owns a different type of unit gets a different maintenance structure so some owners are covered under this policy and some are not yet we all pay the same association dues.

26. Ignoring the CC&Rs when it says that the association will cover the maintenance of balconies and decks and making homeowners pay for their own maintenance

27. Making owners pay for the repair of the common area out of their own pocket (Driveway Aprons)

28. Allocating costs to buy city streets with association money without board of director’s approval

29. Refusing to recuse himself from board votes and situations arise that directly effect him or his family

30. Scheduling emergency meeting with 2 hour notice for the purpose of non emergency issues and purposely not informing certain board members of the meeting so he could have his own daughter elected to the board of directors.

The Board, the president, or any other officer, has only the powers that are stated in the bylaws or other documents.

You say you don't have bylaws, so I am confused as to how your group has been functioning all these years!! What do your documents say about who has the power to make decisions?

Looking over the list very quickly, he looks like he is making management and finacial decisions without the input of a Board - the rest of the statements are subjective and personal and will be difficult to "prove".

What do your documents say about removing officers? Special meetings?

If you have 60% of the group who feels the same way as you do, then you can start recall procedures with some confidence.

Cab:

You say you have evidence of all of this...here is what I would do:

#22 - Mail Fraud, contact your local post office, they do not mess around with people messing with mailboxes, that is a federal offense.

#21 - Entering owners property without permission is called trespassing, but it would take the owner to pursue that and would have to be done at the time.

#14, #15 and #16 involving association funds, creating documents and refusing to provide documents sounds like an Enron case to me, if you have evidence of a crime contact your local police department.

You say you have 60% of the owners on your side, if that is the case keep pushing the issue and get him recalled as a board member. Why is your BOD not removing him from his President's position? Read your rules and documents on those procedures, if you have the support you say you should be able to remove him.

As for the letter, without reading it we can only give an opinion based on what you have told. Your deed is public knowledge, he can copy that and mail to all 6 billion people plus in the world and there is no crime in it. However, if he is calling you a liar and things of that nature and was dumb enough to put it on paper that is a different story. But, you would have to prove damages, that is a lot harder to do.