help we are under a dictator!!

Started by JulioB • 7 replies • 2955 views

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JulioB (California)
Posts: 1

Posted:

hi i'm in california, i live in a town house comunity with 315 units. and for the last 3 years we been having a lot of problems with the "president"
1.- we dont know how this person got to this position since we haven't have a meeting for the last 3 years and when we ask for one the "president" says that we are not going to have one because she don't want to
2.- she charges fines up to $1000.00 per fine lets say if one of the screens on the windows falls she will charge you with $1000.00 and even when you fix it the fine will still be there and what is even worse some times you dont know you have a fine untill you refinance
3.-we been fined without reason and when we ask her she doesn't even know what is the fine for.
4.- resently we dicover that she charge one of the home owners $13,000and when we went to the accountant he only had $3,000 on the books and this is only one of the many cases
5.- she says to some of the new home owners that this is "her" association
6.- some time when she is walking around if she sees a garage open or half way open she gets inside without permission
or yell at the kids when they are on their on front yard and tell them to go inside
well this is only some of the "things" this person does we have contact the association lawyer but we think that is on her side also .
well since i'm a new member here i would like to ask if somebody could send me a copy of a proxy or a copy of a petition for a epecial meeting it will be highly appreciated

atte: jc

SaraF (Colorado)
Posts: 2

Posted:

Wow, I don't know what the law is in California, but I'd find some other homeowners and get a good attorney involved. Do you have a copy of your association by-laws, covenants and rules & regulations? Those should govern how fines are assessed and the powers of the Board. You should be able to go on-line at one of the search engines and find the kind of document you need to call a special meeting. You probably need legal help in writing the purpose of the meeting so any actions taken can be upheld, ie, removal of the president, adoption of reasonable fine structure and specific things for which fines can be assessed.
You need a lot more than luck!
SaraF

RogerB (Colorado)
Posts: 5,067

Posted:

JulioB, here are examples of a petition and proxy for a special meeting of the members. You can modify them to fit your needs.

Petition:
In accordance with the Bylaws, Section 4.3 Special Members Meetings, we the undersigned owners/members, consisting of over 20% of the votes of the association, do hereby call a meeting of the members on (date) at (location) starting at (time). The purpose of the meeting shall be exclusively to consider and vote on removal of individual members of the Board of Directors and if any directors are removed to nominate and vote on new directors to replace those so removed for the remainder of their respective term.

Unit # (or address) printed name signature date
_____________________ _________________ _________________ ______
_____________________ _________________ _________________ ______
_____________________ _________________ _________________ ______
_____________________ _________________ _________________ ______
_____________________ _________________ _________________ ______

PROXY for a Special Meeting of the Members on January 26, 2006
The _________________ Homeowners Association, Inc.

I, the undersigned Owner of the Property at _______________________ (print address) hereby appoint ____________________________________ (print Owner’s name) as my proxy with full power of substitution, to vote on my behalf in respect to all matters that may properly come before this Special Meeting and at every adjournment held within 60 days thereof, to the same extent and with the same powers that I would be entitled if personally present. This proxy shall be void if I or another Owner of this property is personally present.

_________________________ _______________________ ___________ Homeowner’s printed name Homeowner’s Signature Date

Such a meeting should provide for each member to answer questions or complaints about their actions. The vote should be by secret ballot with the ballots distributed and counted by two impartial people. If the President, and/or the Board, fails to call the meeting then the signers of the petition can call the meeting, unless the Bylaws prohit it, and can appoint a chairperson for the meeting if the President and Vice President are absent.

Disclaimer: I am not familiar with your Declaration, Bylaws, and California statutes so it would be prudent to check these. However, I am familiar with the procedures for numerous organizations in several states.

Hope this helps,
Roger

AudreyB (Florida)
Posts: 104

Posted:

Hello Julio,

I'm not an attorney. I am a homeowner who was a Board member of another Association, and I now serve on one of my current Associaiton's committee's.

I know you are fully aware, that your Associaiton belongs to the members not just to one person like, the President.

The President has allowed this title go striaghtfrom her ego to her head. She's out of control.

All homeowner's are entitled to the minutes over every meetting including the Annual Meeting, usually within ten days. Your state statutes, should tell you what recourse you can take when you are refused.

Please look into your state statutes about fines. Fines should be reasonable. A thousand dollars for a fine is over the top! Find out what she has done with the thousand dollars she gets from the homeowner's. Here in FL, the law has changed to not allow forcloseure's on homeowner's homes because of those thousand dollar outragious fines your President believes she's allowed to.

Homeowner's where you live have to know and believe you do have rights, and those rights have been terribly violated. $1,000 for fines in my opinion is extortion of the members. Also, a crime.

Inform the IRS, you believe she is making money for personal gain from your not for profit corporation, and she may not be claiming it. Show proof of the homeowner being charged, $13,000, and the accountant only showing she deposited only $3,000. If you believe, she's embezzeling, as well as extroting the members of your Association, then you need to bring these issuses to your state's attorney's office for these are crimes.

The next time any homeowner finds this President inside their garage, call 911. She's trespassing. She has no business inside anyone's garage without persmission, and the police will agree. Even if she's the President does not give her the right to snoop in your home, be anywhere on your property without your knowledge and permission. Today, in FL, our new law says, if we feel threaten we can shoot. She's considered an univited intruder.

If she yells at any of the children, every time she does, send her certified letters about this subject. Regardless if she answers or not, you have a paper trail. Just scecures reasons to have her removed from the Board.

The next thing, I would do, is gather all the homeowner's you can and vote to get her off the Board. Homeower's have the right to assemble, and DO NOT call it a meeting. The homeowner's can not call a Specail Meeting, only the Board can, at least in in documents. The usual for a quorum for votes is 2/3's. Same goes for notarized proxies, when the homeowner's signed, it would be great if you had a notary there at your assmebly. When you the required number of proxies send them certified to the VP, (the President would probably tear them up, but you have the green card that proves you sent them.)and be sure to make a copy and send them certified to your Association's attorney. Keep a copy for yourselves too.

You can make up your own proxies. The reasons you have stated here are reasons enough to recall this President. I would add, "If the President refuses to leave the Board of Director's quietly , the homeowner's are prepared to take her to court, and list her crimes." To include, you Association belongs to everyone, not just her.

This President needs to be removed ASAP. While I was at, I would recall the entire Board for allowing this type of behavior to continue and not forming some kind of mutiny against the President. I bet she threatened them with all kinds of things, but they believed her hot air.

Please let us know what happens.

Best of luck, and happy holidays,
Audrey

JoeF (Colorado)
Posts: 5

Posted:

Julio, your president is a control freak, and may also be dishonest. If you were to bring the items you mentioned to the attention of OTHER OWNERS, I'll bet you could get them to call a special meeting. At this meeting, you could call for a vote to recall this board member (and others, if necessary). The control really rests with you, the homeowners, not with the board or its president. They serve at your pleasure and with your permission.

Also, California has a vast body of CONDIMIUM LAWS, many of which have been violated by your president, if what you state is true. I'd be willing to bet you could find an attorney to help (NOT the association's attorney), since your recourse under the law is to bring a civil action. Many times, the threat of a lawsuit is enough to bring miscreants under control.

What about your COMMUNITY MANAGER? He or she incurs professional liability if these things are allowed to go on uncontested. HOAs are not secret societies. Quite the opposite, they should operate openly and above board. Meetings are required, as are annual audits. If these things are not being done, then laws are being violated.

Also, READ YOUR GOVERNING DOCUMENTS! The operating procedures and fines are clearly delineated, and by its failure to follw the covenants, the board can be sued for violating a contract.

You could also enlist the help of your local chapter of the COMMUNITY ASSOCIATIONS INSTITUTE. There, you will find a vast resource of knowledge and help.

Take back the power that is yours!

TerryL (California)
Posts: 23

Posted:

JulioB, you need to read your CC&R's and bylaws and learn them. Then go to the Davis-Stirling website (http://davis-stirling.com/)and learn what the law is in California with regard to HOA's, the rights and responsibilities of the membership and the board. The Association belongs to the members, not the board. Board members have a legal responsibility to do what is right for ALL of the Association. They are also under legal responsibility to apply the CC&R's and bylaws of your Association. They are accountable to the Association, not the other way around. Good luck in taking your Assocation back.

HankL
Posts: 47

Posted:

This is hard to believe. I've looked quickly at some responses, and you need to do it by the book.

The rest of the board needs to resign. Then, there is probably a REQUIREMENT to hold an election. Do whatever you think appropriate or needed to get rid of as many on the board as you can. (I got 4 out of 5 to quit.)

Figure out what part of the problem is because the governing documents are the dictator, and what part the pres is the dictator. The board probably does have authority to enter the property UNDER CERTAIN CIRCUMSTANCES, so figure that out.

When ALL ELSE FAILS, talk to the Association's atty, as a group, and warn him that the residents will stop all payments on such and such a day unless things change, and that he will be help accountable for part of the situation if he doesn't act to ensure things are done according to Hoyle. Civil disobedience is the final choice, but it worked for me, just one person who had the outrage. On that date make sure he knows that you will throw a picnic on the steps of the local courthouse to celebrate your emancipation. Make sure the press is there. (I hate when the press gets involved because the owner is usually the one who "doesn't get it."

If that's too much, everyone leave the garage door up as much as you can, all day, every day until the residents owe about ten million dollars. Then you all can pay as one with one of those giant checks like you see on TV sometimes. Only make sure it says somewhere in tiny print "Non-negotiable." Again take lots of pictures of the ceremony.

Give the Pres one warning before humiliating them in public, or you could be in trouble. Hand-deliver it with several witnesses.

CQDMGY

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