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

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

AnnetteB (Florida)
Posts: 1
Posted:
I am a board member in a community that has many plats and a Master board as well... our plat representative has been on the Master's for 8 years and our plat board decided that when her term was up that we would send a different person to represent us. But this is the problem.... The person who has been there for 8 years has been the president of the Master's for several years and she doesn't want to give up her position, and asked that we consider sending her for another 3 years. We thanked her for her services but that we had decided that when her term was up that someone new would go to the Masters. Being the president on Master's and having her cronies, they have told us that they are challenging the appointment of a new representative to the Masters. # 1 can the Master's challenge our decision ? # 2. This person says that we have appointed a new person illegally and has hired the Master Board's attorney to challenge us.... This attorney is also our plat attorney.. Isn't this a conflict of interest? # 3 what is the proper process for appointing a new representative. We had a quarum . we posted the special meeting to appoint the new person.
We have minutes of all meetings regarding our choice... My question is " did we do something wrong that we are unaware of. The president of the Master's was also appointed in the same manner 8 years ago. Can anyone give us a little insight as to what the master's is challenging ?
The attorney is asking for, 1. a copy of the minutes where the decision was made to appoint and the motion to do so was passed.
2.When & where the notice for a special meeting was posted 48 hours in advance. 3. Why the president was not notified of this meeting
stating "indeed if there was a special meeting"
4. Was a quarum present and where was the information documented.
We have sent the attorney all items pertaining to this and still they seem bent on challenging. She brought this to the annual Masters meeting and as president of course made our plat board look like idiots. When someone asked that it be noted in the minutes as to what was transpiring with her withholding the name of the new Representative to our plat, she replied that no minutes were being taken that evening... Don't minutes have to be taken at all meetings? Please help us as we are a fairly new board and need your input.
RogerB (Colorado)
Posts: 5,067
Posted:
AnnetteB, is there something to hide or just cronies supporting each other on an ego trip? Without knowing what state do you live in, your bylaws, the Declarations of the Master and the Sub associations, and whether or not you followed all required procedures, it is difficult to know if the election of your new representative is valid. On the surface it sounds like you acted properly.

Is the master association challenging or just your representative to the master assocation? If the person being replaced or the Board of the Master association is using association funds to pay for their attorney this may be inappropriate use of funds. There is a conflict of interest for one lawyer representing both sides. Why would you consider using the same lawyer she has hired?

Minutes must be taken at every meeting and are not valid until reviewed and approved at a subsequent meeting.

Hope this helps,
Roger

TerryL (California)
Posts: 23
Posted:
The legal relationship between our Master and sub Association sounds like the one in my HOA. The attorney is basically connected to the management company, which represents both associations.

Hopefully, we won't have to go through this, as the president we recently got a resignation from (off the HOA board) is our representative on the Master. The HOA board wants him replaced because he doesn't even attend the regular HOA meetings, let along communicate anything that is happening with the master.

I'll keep an eye on this thread, as I suspect that we will have the same thing to contend with. We think the cronies on the Master board will throw enough votes to him to keep him on the board, but can't be sure at this point.

Good luck to you!
RogerB (Colorado)
Posts: 5,067
Posted:
TerryL, perhaps you are only assuming your "attorney is basically connected to the management company". If they are connected what happens when the board needs an attorney for a situation involving the management company?

Management companies do suggest names of competent attorneys when board members ask, since the board often have no knowledge of attornies in the arena of HOA law. However, the board remains responsible to investigate and select attornies as needed. Using the same law firm is certainly acceptable to represent the master and sub associations when they are on the same side of an issue, but not when they are opposed.

Roger

🎯 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