President cashed in aluminum but did not give money to HOA

Started by TinaD1 • 9 replies • 1287 views

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TinaD1 (Florida)
Posts: 1

Posted:

Our President recently cashed in aluminum from the clubhouse but did not turn in the money to the HOA. We have requested that he proivde us a receipt from the company and the funds but have not received either. I feel we should remove the President from his postion, not the board, until such time he provide us with the receipt and funds. Is this proper and can we also suspend his voting rights?

FrancescaM (Washington)
Posts: 264

Posted:

I'D HAVE SOMEONE ASK HER DURING OPEN FORUM.. THAT WOULD BE INTERESTING..

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Tina,
Of course it is not proper. As to the question of whether this is an impeachable act is another matter. What is the precedence? If the guy has a habit or pastime of collecting cans and the Board don't mind him doing it or has in the past condoned it, let it pass. Maybe he has a favorite charity he likes to donate to. If the precedence is to sell the cans for deposit in the Treasure you could have the problem of the association receiving income as profit. It can be argued that this in itself is illegal.
I would caution that this is not a serious offense and could be legit, and IS NOT worthy of tearing the association apart, and it could. Keep it low key, you gain nothing trying to embarass the guy and could lose a valuable contributor, who knows.

In the future provide a means of collecting the cans in a special place, clearly mark it as a way to raise cash for a local charity and follow through on it. Maybe even suggest the President be the one to make the donation, it should not be hard to track and if he pockets the money, call the Sheriff.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tina,
Use some diplomacy here. Ask him at the meeting, where did you use the funds from the cans? Donate them this time to some charity and set a standard for picking the cans up and what the funds will be used for. Kind of tacky on his part.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Tina,
I forgot to answer your questions. NO, I would not suspend his voting rights because under what rule would it be? No Statute or bylaws are likely to be in writting to cover this except possibly petty theft and that is a stretch. I think that the embarrasment might take him down a notch. Don't forget how hard it is to get Board members

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By TinaD1 on 12/02/2008 8:03 PM
Our President recently cashed in aluminum from the clubhouse but did not turn in the money to the HOA. We have requested that he proivde us a receipt from the company and the funds but have not received either. I feel we should remove the President from his postion, not the board, until such time he provide us with the receipt and funds. Is this proper and can we also suspend his voting rights?

Tina,

I don't think you've posted enough information here, at least, not for me.

Whose aluminum was it? Did it belong to the association? Was the aluminum from cans that were purchased by the association? Was it aluminum that was being collected by the association with the intention of cashing it in with the funds going to the association? Was it aluminum from cans that members purchased with their own money that they consumed at the clubhouse and disposed of in a specified container with the intention that the association would cash them in? Or, was it a collection of aluminum cans left by a private function held at the clubhouse? (In which case the aluminum might be the property of the individuals hosting the function.)

In any event, it's likely there is no provision for individual homeowners to remove the president (nor do I see a need to). In most instances the president is elected by the board and only the board can therefore remove the president. However, the homeowners may be able to remove the president as a board member, with or without cause, but that would all have to be spelled out in the bylaws.

SusanW1 (Michigan)
Posts: 5,202

Posted:

How much value ($$) aue are we talking about here?
Perhaps his time and gas costs wipe out any real monetary value.
Id these are cans, I'd be glad to be rid of them!
Did anyone ASK him?

DonnaS (Tennessee)
Posts: 5,671

Posted:

My Husband just cashed in 2 large black outdoor trash bags full of crushed cans. Value, $17.60 so we are not talking grand larceny here. But it is the principle.

RogerB (Colorado)
Posts: 5,067

Posted:

Tina,
If anything, I would thank the person for doing this free portering service for the HOA. Or you could also offer to provide this service if that is what you would prefer.

DJ1 (Ontario)
Posts: 798

Posted:

Another viewpoint...

Was the Prez cleaning up an eyesore (pile of aluminum at the clubhouse ie old siding, cans etc etc) at his expense by hauling it to the recycler. Maybe it was a wash in terms of using his vehicle, gas etc to provide the tranportation. Net net, no more junk pile, and it didn't cost the Prez out of pocket for doing providing the service that would have cost the HOA if they had to rent a bin etc?

All just another interpretation of the limited facts we've seen presented.

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