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Subject: removal of officer
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Author Messages
DawnP
(Georgia)

Posts:1


07/02/2006 6:07 PM  
I am an HOA President and Board Director of a tiny (12 home) development in Goergia. Since I have tried to enforce the rules, I have received nasty emails, personally attacking my intergrity and character. Additionally, they have attempted to remove me from office twice(president only- They don't understand I hold two offices.). I have consulted an attorney that specializes in HOA's. He has told me that they aren't following the correct process to remove me and to not worry about it. The "opposition" has hired an attorney (who doesn't specialize in HOA's) that has already sent me a letter stating that I was removed from office.

All of this has been very upsetting to me and my family. Any suggestions on what I should do next?
JulieS
(Georgia)

Posts:412


07/02/2006 6:45 PM  
I am in GA too and went through the same thing, only they followed procedure and had me removed, but I am back on and as president.

What do your documents say? That is where you find the answers to your question and probably where your HOA attorney found it also. How many other board members are there and what are their thoughts on this?
GeraldT1


Posts:0


07/03/2006 7:08 AM  
DawnP,

If your opposition is that determined to remove you, eventually they will either succeed or one day hold office. I'm going to relate my logic string and a methodology, so here goes (hope you don't mind). Most owners in an association don't understand what it means to be a fiduciary, and the responsibilities that go with holding an elected office. So educate them in open session and perhaps a letter to the community. Explain, something to the effect that the board is obligated to enforce the rules, it is the board's obligation outlined by state statute and the governing documents (site some passages). Explain there is nothing personal in enforcing the rules, rather it's the opposite. Because as neighbors we are raised to let things slide. Unfortunately, however association living requires everyone's adherance to rules and regulations, it's unfair to those who abide by the rules when others do not, and breaking the rules can reduce the integrity of owner's investments and reduce everyone's quality of life.

Eventually Dawn, you may no longer be on the board. If you intend on living in your HOA past your tenure, you may experience your opposition's retribution. Therefore, seize the golden opportunity you have now to mend some fences, and educate the owners. Even though you have not done anything wrong.

You do hold one other card that may appease your oppostition and give them an opportunity to be educated from the inside out. You could seek volunteers to form some committees, such as social, insurance/finance, landscaping etc. If your opposition doesn't step up to the plate to join a committee, they won't be kidding anyone, even their closest of allies, that they are more qualified than you are to be a fiduciary.

Good luck!!
GeraldT1
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