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Subject:  attempt to overthrow the BOD
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DarcyC
(Florida)

Posts:30


05/25/2006 11:14 AM  
This is an unsual situation that took place May 11 at a special meeting of the HOA. I am the President,treasurer,Sec,of or our hoa the 2 other Board members could not be at the meeting due to unexpected events. The meeting was held to discuss hiring a managment co. and enhancement of entrance ect...
The meeting was only attedned by a group of about four disgruntled members and about four other members some of which were new to the community. When I refused to bring the proposal to a vote the 4 trouble makers went out of control slinging personal insults and threts of Law suits ect... As president I closed the meeting and left. After my leaving the remainning members some not all nominated themselves and elected themselves the new Board. Seems almost like a comedy but this has caused such an uproar in the community due to the fradulent letters the new board has been circulating . They also say they have legal advice saying what they was perfectly legal. Any one out there ever have this happen.
RogerB
(Colorado)

Posts:5067


05/25/2006 12:23 PM  
DarcyC, my wife DarcyB wishes to express her sympathy for your difficult situation. Meanwhile, I have a somewhat different personality - I wish you would have been able as the Chair to control the meeting. I would not have allowed the members slinging personal insults to continue. They would have been cut off, not recognized to speak again, warned and if they ignored the Chairs directives they would be asked to leave. Failing to do so I would do as you and close the meeting.

They have no authority to continue the meeting. They have no authority to elect Board members. If there were vacancies on the Board check the By-laws for the procedure for filling these. Usually it is done by appointment by the current Board members. If the vacancies can be filled by the members at a special or annual members meeting then all the members are normally required to be notified in advance of that meeting. What they did was definitely not legal.

Also, depending on what your By-laws state, as President, Sec, & Treasurer you can probably only hold the office of President or possibly Secretary AND Treasurer.
RogerB
(Colorado)

Posts:5067


05/25/2006 12:41 PM  
OOPS! I forgot to ask, DarcyC what was the basis for not bringing the proposal to a vote? If there was a motion and a second, as the Chair you did not acted in good faith if you did not allow discussion and a vote. In that is the case you failed to do your duty as the Chair this would be a basis for asking for your resignation. But unless you chose to resign you are still President.
HaroldS
(Arizona)

Posts:906


05/25/2006 1:29 PM  
WHOA! You are president, secretary and treasurer? I seriously doubt your bylaws allow that. I have never seen any that allows a president to be treasurer too. Just not done. What pray tell are the duties of the "other" two board members?
Why were you even conducting this meeting without a board quorum?
Oh, I forgot, YOU are three board positions. Do you get three votes too? Seems like a bit of arrogance here that you didn't need the other two members in attendance to discuss such important issues. If this is your SOP, I think I would be a disgruntled member too. But not enough to hijack the board. They need to follow the bylaws correctly to replace the board. I wish them luck. Harold
DarcyC
(Florida)

Posts:30


05/25/2006 2:26 PM  
In answer to the gentleman accusing arrogance, that’s certainly not the case. Seems I am the only sucker willing to do the job. Not by choice. We are a small community. In any case all this could have been done at the annual meeting where everyone had a chance to vote and no one said a peep about having an election or vote on anything. I simply had a meeting out of courtesy to let them present their ideas, Like I said I did not know until the day before I would be the only Board member present. I have been president for the last 3 years for a reason. Everyone in here is happy. I might add the disgruntled party was a developer appointed President that everyone in here could not wait to get rid of after having $7000 wasted on a discrimination claim brought on by his personal agenda.
DarcyC
(Florida)

Posts:30


05/25/2006 2:36 PM  

To vote on an issue as important as the hiring of a management company would be careless with so few members present. At the annual meeting there was no interest at all for it. I guess they saw an oppurtinty to railroad it through
at tried to take it
DarcyC
(Florida)

Posts:30


05/25/2006 2:37 PM  
In answer to the gentleman accusing arrogance, that’s certainly not the case. Seems I am the only sucker willing to do the job. Not by choice. We are a small community. In any case all this could have been done at the annual meeting where everyone had a chance to vote and no one said a peep about having an election or vote on anything. I simply had a meeting out of courtesy to let them present their ideas, Like I said I did not know until the day before I would be the only Board member present. I have been president for the last 3 years for a reason. Everyone in here is happy. I might add the disgruntled party was a developer appointed President that everyone in here could not wait to get rid of after having $7000 wasted on a discrimination claim brought on by his personal agenda.
HaroldS
(Arizona)

Posts:906


05/25/2006 2:44 PM  
Well Darcy - I certainly understand that no one else wants to do the job, happens all the time, but you didn't bother to address why the other two board members are not the secretary and treasurer. Why do you need to be all three when there are two other board members? It is not a good idea. Harold
DarcyC
(Florida)

Posts:30


05/25/2006 3:57 PM  
Hi Harold-It was hard enough to get them on the board. Although they help when they can both have full time Jobs out at the space center here in Florida and it’s been hectic the last couple years. The only ones jumping at the chance are the ones nobody wants. The type that wants to have his own little retirement community but moved in a neighborhood full of young families. With the nickname of Mr. Dictator and
Hitler he had a hard time getting elected.
RogerB
(Colorado)

Posts:5067


05/25/2006 4:42 PM  
Harold, a quorum for a members meeting doesn't require Board members to be present. In this case there was no need to have a members meeting, therefore it appears to have been a courtesy apparently offered by the President. Let's give her credit rather than criticisim. The "important items" indicated can and usually are conducted at a Board meeting.

The only conduct I question is why voting was not allowed. Otherwise what was the purpose of the special members meeting?
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