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MindyR
(North Carolina)
Posts:44
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| 07/30/2008 8:01 AM |
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Okay to make a very long....exhausting story short....Two homeowners in our 42 home development went around in May and campiagned for one of them to get the treasurer position on the board. He did get that position, even though in my opinion, not only was he not quailfied but the person really has no integrity. He made it to one meeting before he was kicked off. Last friday this person was hanging out with a number of homeowners...drinking involved as it usually is. By about 10pm, 4 police officers were called into the neighborhood. An arguement had caused him to physically assualted 2 other people, and verbally assualt a number of others, including his wife, and keep in mind that probably about 7 children were there all under the age of 5 watching all of this (2 of his own). During the altercation he was so upset, he ran home (across the street) got the associations computer, and all of the treasury books and records, threw the box of records across the street and threw the computer about 30 feet breaking it (and used a choice of words I can not use on this tread). All parties involved in the physical assualt decided not to press charges, but the president, who witness this, quickly call the BOD and decided he felt like we had to press charges due to the computer breaking. After going back and forth with the police department, we did consider going through with pressing the charges, but we all have children and jobs and did not want to waste anymore time on him so we decided to drop charges if he agreed to pay to replace the computer. His wife did pay to replace the computer in full. Now we are wondering if there is a way that we can ask him not to attend anymore meetings at all. Of course he is no longer on the board. He is and always has been distruptive, difficult to communicate with and just plain not nice to be around. We certainly do not mind his wife coming to represent his home and of course she can vote.
Any thoughts on this?
For a twist on this....the two that physically assualted each other....were the two that went around to have the other vote onto the board. I'm just thankful the rest of the member are really great!
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GlenL
(Ohio)
Posts:1362
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| 07/30/2008 9:00 AM |
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| IMO it would be improper to arbitrarily ban him from the meetings just for being a PITA. However if he is disruptive in a meeting the BOD is certainly within their rights to ask him to leave and if he refuses they may adjourn the meeting temporarily while the police are called to forcibly remove him if necessary. |
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BradP
(Kansas)
Posts:1742
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| 07/30/2008 9:22 AM |
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| I agree with Glen...I think it is premature to consider banning him from meetings. If this behavior carries over to meetings then it might be appropriate to consider. |
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NicoleO4
Posts:0
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| 07/30/2008 9:40 AM |
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| I completely agree with Glen. Don't try to do anything about it personally but handling it the way Glen states is PERFECT!! |
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JohnK3
(Pennsylvania)
Posts:438
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| 07/30/2008 9:44 AM |
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| Banning a headcase from meetings? That ought to help dump an extra gallon of kerosene on the embers. Go with Glen. |
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MaryA1
(Arizona)
Posts:2157
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| 07/30/2008 11:24 AM |
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| I, too, agree with Glen. The BOD actually has no reason to ban him from upcoming meetings, unless he causes a disruption at those meetings. |
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MindyR
(North Carolina)
Posts:44
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| 07/30/2008 12:23 PM |
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| Thanks for your input! We will certainly take your advice. |
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MicheleD
(Kentucky)
Posts:1676
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| 07/30/2008 1:58 PM |
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I tentatively agree with Glen.
The problem really is that the people who were assaulted should have not only not dropped the charges, but at the very least obtained a restraining order.
If he is disruptive during a meeting, clearly call the authorities and have him removed, but think about what might be involved in obtaining a restraining order.
This sounds like an immensely unstable individual.
I'd hate to read about an HOA meeting in NC that made national news when an irate former member barged in and started mowing people down, like the recent headline from the church in Tennessee.
It's all well and good to say, "it'll take time; what does it do to the kids; we just want to get this behind us. . ." when, in fact, sometimes the time NEEDS to be taken, the kids will learn that the more outrageous the behavior, the less likely one will be punished for it, and instead of leaving it behind, they left a door wide open for worse, and more dangerous behavior in the future.
After all, he KNOWS now that he can get away with his rages. The intimidation factor has worked.
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KirkW1
(Texas)
Posts:1110
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| 07/30/2008 3:12 PM |
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| Actually, you could ask him to not come. The problem is that you can't do much when he does anyway. (Or at least you might end up with bigger problems.) |
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TonyM3
(Arizona)
Posts:131
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| 07/30/2008 3:36 PM |
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| The guy's a time bomb. We had a similar member and wound up asking another member who is a police officer to be the Sergeant at Arms at our board meetings. He was off duty but came in straped and we announced him as the Sergeant at Arms. After one meeting the problem child doesn't show his face any longer. |
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SusanW1
(Michigan)
Posts:2117
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| 07/30/2008 3:59 PM |
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There should have been 2 motions are the emergency meeting:
To remove him as Treasurer
and
To ban him from meetings for one year, with review at that time.
Unless he is disruptive at any future meeting, you can't ban him, retroactively. How he behaves NOW is the basis for any meeting ban.
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RobertR1
(South Carolina)
Posts:2074
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| 07/30/2008 4:32 PM |
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To all,
I suppose the consensus is there is nothing you can do about excluding him from meetings now. However, that doesn't mean the Board should go brain dead and sit around and wait for the problem to happen again. Maybe it will never happen again, but is that the way to bet? I think the Board should discuss the issue of how to control their meetings, make clear rules of how a disruptive force will be addressed, put the resolution or what have you in a conspicuous place and if necessary call the cops and abandon the meeting. If I problem arises, close the meeting, offer to meet with this owner in private and walk out the door.
If he don't like the decision, tell him to sue you, and let the judge sort it out. Better he sues you, than you having to sue him. |
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