Re President of Community

Started by DorothyE • 9 replies • 1553 views

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DorothyE (Florida)
Posts: 2

Posted:

I would like to know what we can do with the President of our community. Myself and one other board member has been harassed by her and the other 4 members are letting this happen. I am the ARB chairperson and she wants to control the ARB. One of her followers is on the ARB and after each meeting this member goes to her and notifies her what went on at the meeting and before any of the homeowners can be notified she has been to them and told them of the out come of the meeting. Also as we go around the community we are stopped by certain homeowners stating they have been abuse by this woman over a garbage can. The homeowners have also received emails from the President slandering our names. We also have received abusive emails from this woman. Stating we will do as she says and that is that. She is also going to have us up for insubordination. For what . Because we are not a yes people. The reason I would like some answers I would like to know if we can take legal action against the President and other members of the board that allows this to happen. This has been going on since January. Would appreciate any advice you can give us

Thanks

Dottie Enman

BradP (Kansas)
Posts: 2,640

Posted:

The board can remove her from her position of Presidency...should be guidelines in your documents. Usually take a vote of the majority of the board.

SusanW1 (Michigan)
Posts: 5,202

Posted:

As chair of the ARB, you need to get your committee all on the same track. What goes on at the meetings is NOT for public release UNTIL it is reported to the Board at a Board meeting. In fact, it is not even "official" until the Board knows what this committee is doing. So tell your committee members to button up.

It sounds like you have an entrenced president - since 4 Board members seem to support her. So you have a choice: 1)Resign from the Board and concentrate on your ARB Committee work. 2) quit the entire thing and do volunteer work somewhere else. 3) Decide that this Board is in turmoil but stay and try to make it make sense.(but you'll probably get an ulcer)

DonnaS (Tennessee)
Posts: 5,671

Posted:

So sorry Susan but the Florida Statutes state that all committee meetings are open to the membership. All meetings and that means that all decisions are public and open to the membership immediately. It's our law. Boards and Documents give ARBs or ARCs the ability to make decisions within the guidelines of the documents of the association. If they had to wait for Board approval on any and all applications, that would be a big holdup in the approval process. I know that my former ARB was comprised of a landscaper, an architectural designer, a lawyer, a building inspector and a Master carpenter with 2 others. If they could not make a good decision on ARB issues, then the Board certainly could not.

I do agree with your advice on what to do with ones self if you cannot feel comfortable with what is going on but there is one other option and that is to start a recall of the Board or any individual members that the community wants to see removed. This is a Florida Statute option if a community does not like the way that their Board is handling the association.

KirkW1 (Texas)
Posts: 1,665

Posted:

You may need to start a recall effort. If people feel the president is being abusive, then start a recall petition. Make sure you track who wants the woman removed so you can go back and ask for a signed proxy from the person.

While I can certainly understand it is frustrating that she tells owners what the outcome of their request is, you could just decide that she will do so and so save yourself the effort.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Any official announcement of the on-goings of a committee or Board should be announced "formally", whether that is at a Board meeting or by the Committee, in a newsletter. If committee members are gabbing about what's going on, then the chair should remove them. There are liability issues here!

There should be ONE spokesperson representing the Committee. All else is gossip.

TinaF1 (Washington)
Posts: 14

Posted:

I think you have 2 options - both already addressed by others:

1 - Decide whether you want to resign or stay and try to deal with it.
2 - Check your state law and community governing documents to see what the process is for removing a Board member.

In ours, it states a Director is removed by vote of the community and an Officer is removed by vote of the Directors.

Sorry to hear of your frustrations - it's difficult when you are volunteering and trying to make something better.

GlenL (Ohio)
Posts: 5,491

Posted:

Dorothy first of all I'm not trying to pick on you here but the ARB committee is subordinate to the BOD and should operate at the direction of the BOD and it is not unusual for the president to be the point person. There should be a clear and delineated chain of command in all organizations which is something you can work on.

Yes I'll freely admit that there are some people who when they get in a position of authority go overboard with it. Not necessarily IMO because they are bad people but frequently because they are thrust into a position and are just emulating what they have experienced before. Or in a lot of cases I've seen where a group of people are supposed to work together one person gradually assumes the slack because others don't do their part and slowly become a "one man band". Then again there are power mad megalomaniacs who are out for world (or HOA) domination.

As Donna pointed out the ARB meetings are supposed to be open in Florida so the results are out before the president finds out unless she attends. Instead of relying on what others tell you she said or thinks ask the president out for a cup of coffee and talk it out; it may be you two can't work together but it is better to find out and come to a conclusion. And don't forget that it goes two ways also she may be getting a negative vibe from you and is just reacting.

P.S. Slander is verbal i.e. when you make a public false statement about someone; libel is when you write it down as in an email.

Studies show that 5 out of 4 people have problems with fractions

MjO (utah)
Posts: 10

Posted:

Been There...Done It!! It only takes one "out of sorts" personality on the board to make the meetings very stressful and hinders the possibility of working together. As President for a year and board member for a year, I experienced harassment from another board member. The situation got so bad, I went to court about a "restraining order". However, the judge ruled since there was no physical abuse that the restraining order could not be issued. The HOA has a Conduct of Meeting policy, but the person ignores all the policies. I have much empathy for your situation. I agree with the other responders about options of resigning or go through a recall, but neither one is pleasant. Just focus on yourself and what you want from serving on the HOA board and how you are willing to achieve that goal. Remember, all board members are equal!! The President should be working for the community and the board to bring about good decisions. You can stand up for the members of your community that elected you and give them a voice at the board meetings. Develop a network of supporters, and keep them informed as you need to find some positive support in your community. When the next election comes around, get the word out so certain personalities do not get re-elect. In closing, focus on your goals as a board member and decrease the amount of time spent on the other personality. You will be happier and calmer! Good Luck!!

LaverneB (Florida)
Posts: 129

Posted:

Did not this person get elected as president by the people? I am president of our HOA and would never do such silly things. Yes anyone can attend the meetings so go to them. We welcome our homeowners. Then they see all that is put into this "job" I do not have time to go look for garbage cans and deffinetly no e-mails big mistake she is making just ignore her she will stop

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