💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

KirkW1 (Texas)
Posts: 1,665
Posted:
Noticed this in the news feeds:
http://www.gazette.com/articles/hoa_40808___article.html/board_group.html

Quite honestly if the portrayal is accurate, I would drop most of all the legal action immediately. Instead I would look into possibility of recouping some money for breach of fiduciary responsibility from former board members.

I don't see how you can come up with a mandatory "loyalty oath" after a failed coup. The matter should simply have been dropped. If someone leads an attempt to oust the board and fails, the matter should drop. The only expense would have been the cost of a special meeting. And if enough people sign the petition, then said cost is rightfully to be born by the HOA.

I suspect that the man facing foreclosure was being harassed by the board. I would view as suspect any action taken by a group who tried to force a "loyalty oath" upon people. In fact, I would probably have started a second coup effort over the issue. People should not face retribution for a good faith attempt to exercise their rights.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Wow - what a mess, but I think it will go to mediation.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Hey you guys!
Tell me how I can get this information plugged into something that I can read about it. I copy and past and usually get a reply the information can't be located. Sometimes it works.
JonathanS2 (Georgia)
Posts: 10
Posted:
Ok, call me naive...I'm new to HOAs in general...but I thought the prime purpose of a BOD was to protect and serve the home owners and not to run their own private fiefdom. I'd like to think that is the way our board will do things, some members notwithstanding.

It is a right for the homeowners to remove, or try to remove, the BOD if they don't agree with it, isn't it? And yes, a failed attempt shouldn't lead to retaliatory action by the BOD but people are people and they react irrationally when they are attacked.
GeorgerwilliamsW (Indiana)
Posts: 975
Posted:
Quote:
Posted By JonathanS2 on 09/24/2008 6:28 AM
Ok, call me naive...I'm new to HOAs in general...but I thought the prime purpose of a BOD was to protect and serve the home owners and not to run their own private fiefdom. I'd like to think that is the way our board will do things, some members notwithstanding.

It is a right for the homeowners to remove, or try to remove, the BOD if they don't agree with it, isn't it? And yes, a failed attempt shouldn't lead to retaliatory action by the BOD but people are people and they react irrationally when they are attacked.

You have accurately observed the problem with homeowners associations. Far too often they become private fiefdoms of the board members who rely on small voting turnouts to support their power.

All power corrupts . . . --you know the rest of that chestnut.

People who have a slavish adherence to law (covenant and rules) miss the spirit of the law (covenants and rules).
GlenL (Ohio)
Posts: 5,491
Posted:
Quote:
Posted By GeorgerwilliamsW on 09/24/2008 6:44 AM
Posted By JonathanS2 on 09/24/2008 6:28 AM
Ok, call me naive...I'm new to HOAs in general...but I thought the prime purpose of a BOD was to protect and serve the home owners and not to run their own private fiefdom. I'd like to think that is the way our board will do things, some members notwithstanding.

It is a right for the homeowners to remove, or try to remove, the BOD if they don't agree with it, isn't it? And yes, a failed attempt shouldn't lead to retaliatory action by the BOD but people are people and they react irrationally when they are attacked.


You have accurately observed the problem with homeowners associations. Far too often they become private fiefdoms of the board members who rely on small voting turnouts to support their power.

All power corrupts . . . --you know the rest of that chestnut.

People who have a slavish adherence to law (covenant and rules) miss the spirit of the law (covenants and rules).

George, you also just described how 99.9% of Local, State and Federal Government does things.

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

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here