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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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JosephM
(Alabama)
Posts:3
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| 06/05/2006 11:12 AM |
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| Our Declaration of Condominium states that any damage to the common area which is over $10,000 and is paid for by Insurance must be supervised by and payments approved by an Architect. Last year's Board unanimously allowed a member (who is not an architect or engineer) to research for and select a contractor for the replacement of the roof which was heavily damaged by the Hurricanes last August and September. The member then supervised the the work, and has recommended payment of some $200,000 of the total $320,000 amount to be paid by Insurance. We have a nine member Board. Four members of the current Board were on last years Board. Some of the money was paid this year---but never approved by the current Board. I have written the President of this violation of our Declaration of Condominium and Bylaws, with copies to all Board Members. I personally believe the Treasurer (who is a very good friend of both the President and the member who recommended the previous payments) will ignore my letter and pay the remaining monies without the approval of the Board. I know of three members who will challange this payment if it is made without an Architects approval.(But they will have been made before they challange the payments or will ignore the three members who challange.) Prior to my notifying the Board of this breach of our Declaration and Bylaws I belive last years Board and the members of this year's Board who are incumbents from last year are guilty of "Unknowing Negligence". If the remaining monies are paid, I believe incumbents from the previous Board will be guilty of "Willful Malfeasance", which I believe to be an Impeachable Offense, and I will file Impeachment proceedings against them. I do not belive they will call a meeting to consider this Impeachment (which will require 51% of our 97 members to vote for Impeachment). In addition, the President appoints the nominating committee---she is in her 5th term and the treasurer her 4th term----and I can see no way of removing them. About 20 of us have agreed to pay up to $300 apiece to hire an attorney. Would this be wise???? |
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RogerB
(Colorado)
Posts:3725
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| 06/05/2006 12:04 PM |
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| Joseph, before considering legal action why not use the avenue available in your By-laws to try to remove those Board members? You get get a petition signed by the % required by your By-laws to call a special members meeting to consider removal of those Directors and to vote for new Directors to replace any removed for the remainder of their term. You probably can also state the date, time, and location of the special members meeting in the petition. Lots cheaper and more effective than an attorney IMO. |
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