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Subject: HOA VP/RULES COMMITEE OBTAINING RESTRAINING ORDERS AGAINST MEMBERS
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Author Messages
JohnL17
(California)

Posts:1


05/22/2008 2:01 PM  
WE HAVE A BOARD MEMBER VP WHO IS TRYING TO RULE OUR 30 HOME COMMUNITY LIKE A NAZI HOA AND HIS ACTIONS IN THE PAST 7 YEARS HAVE CAUSED SEVERAL OWNERS TO MOVE OUT AND IS TURNING OUR COMMUNITY INTO RENTAL HAVEN. ONLY 9 OF THE ORIGINAL OWNERS RESIDE IN THEIR HOMES. THE REST HAVE EITHER LEFT ENTIRELY OR JUST RENT THE HOUSE OUT. WE LIVE ONE BLOCK FROM THE BEACH IN BEAUTIFUL HOMES WHICH PEOPLE BUY WITH INTENT RESIDE PERMANANTLY.

THIS INDIVIDUAL IS CANTANKEROUS AND BELLACOSE AND IS NOW OBTAINING RESTRAINING ORDERS WHILE PURGERING HIMSELF TO FURTHER HARASS ANYONE WHO STANDS UP TO HIM.

CAN A BOARD VP CONTINUE TO SERVE ON THE BOARD WHILE OBTAINING RESTRAINING ORDERS AGAINST OTHER HOMEOWNERS/CORPORATE MEMBERS? THIS SEEMS LIKE A CONFLICT OF INTEREST AND A PERMIT TO ISSUE B.S. VIOLATIONS AGAINST THOSE AT HIS WHIM.
KathrynM3
(California)

Posts:18


05/22/2008 2:19 PM  
Why not get members signatures to vote him off the board?
DonnaS
(Tennessee)

Posts:5671


05/22/2008 3:14 PM  

John,

Look up on the internet, the Davis/Sterling Act . It tells you the laws for operation of a HOA and this guy could be gone in a heartbeat if the membership gets together and gets him removed. He is not the Board but just one member of it. What are the other Board members doing in reaction to his wild behavior?
SusanW1
(Michigan)

Posts:5202


05/22/2008 4:12 PM  
There are several steps to go thru when getting a restraining order. Apparently, this fellow has cause to file them . . . and go before a judge to convince him/her that he needs them. So that's a mystery why he is getting these orders.

Don't like him on the Board? Your recourse is at election time.

He gets voted in, so people must want him there, or he'd be gone by now.

GlenL
(Ohio)

Posts:5158


05/22/2008 4:15 PM  
One mans Nazi regime is another's Utopia, does he comply with the governing documents and state law? Restraining orders are just not granted like party favors; while the TRO is in effect until a hearing can be held in front of a judge, there the plaintiff must prove the necessity of the restraining order. If he cannot prove it then the order is vacated and IMO the defendant would then have a cause of action against this person. If the order is granted it is because the judge sees the need or the person did not show up to defend themselves.

"Common sense is like deodorant--the people who need it most never use it."
JimM7
(Florida)

Posts:71


05/26/2008 6:40 AM  
JohnL......it's called RECALL....DO IT NOW....
SidneyP
(Florida)

Posts:302


05/26/2008 6:50 PM  
John....this sounds like the VP in our Association but he only part of a dysfunctional Board...This Board appointed a HO who lives in Mass. to the Board and also a committe of one in charge of the ARC...I wouldn't really call that to smart.

I wrote this guy for approval of a fence, nothing was ever said about a form to fill out by him. He answered back giving me the approval but with the stipulations that I follow guide lines, codes and get a permit.Make sure the contractor had a licenses and all that goes along w/it...I did everything he said, the fence man showed up and was run off by the VP who thinks he is the overseer of the whole Association. He gets by with this because the President loves him doing all of her work and she is best friends w/his wife.....

This man was late on his Assessments, his own fence is not to regulation, no gate in the back on the end so amintenance crew could assess. There is suppose to be a 4' easement cleared out behind the fence, his is unpassable...he has his commerical electrial truck parked in the middle of the cul de sac, our By-Laws say no say no commerical vehicles (ones w/logo and ladders, etc....his President friend said thats ok, but if it were a 18 wheller that would be different...The Board sent out letters for violations of satellite dishes that could be seen from the street, guess who's address/name wasn't on the list. You can't see any of them unless you drive down the street. He stopped one from going up last week. I have tried to tell this Board for years, the FCC rules, leave it alone....He takes his paddle boat in the lake, one HO said he was the one who broke out fountain (never to be fixed), he denied it....Hes the one the President gave him permission to pull up around 40 shurbs because some were dead and others needed TLC...He's the one who removed all the landscape timbers leading to our pier and around our planting beds..nothing has ever been replaced (over two years now)

Yet this man feelings he has the right to tell others what to do. Because I had the balls to tell him to mind his own business and take care of his own and to stay off my property. He had no right to send my fence company off, he isn't the ARC.

For this, I received a letter from the President, telling me she is calling a meeting to have me removed from the Board July 14th.

OH! I forgot he and his wife showed up at a meeting can I say drunk and used such foul language, directed to the then PM, who left in tears. This was before the President appointed him to the Board.
GlenL
(Ohio)

Posts:5158


05/26/2008 10:50 PM  
Sidney I mean this with no disrespect but if half of your tales are true and the people living there put up with it then they're getting just what they deserve. Yes I know half of your property is absentee landlords but what you're describing affects those people most of all. A well run HOA with nice amenities would allow them to make more not less money even if the monthly fees went up. They pass them along to their tenants the same way businesses pass their costs to the consumers. And elderly residents they're bigger sticklers for rules & regulations and doing what is right than any other group I know of.

I find it disingenuous that as a BOD member you didn't know that there was an ACC form to fill out or that written approval was needed. It's basic CYA especially if you're such a thorn in the president's side. She can't remove you from the BOD, maybe from the position you hold but not from the Board itself, only the homeowners can do that; unless your documents state differently.

As far as the OP's problem, I imagine from reading this that he's one of the ones with the restraining order against him and a "B.S. VIOLATION" that he has to pay for. And if he acts anything like his post in person I don't blame the VP for seeking a restraining order.

"Common sense is like deodorant--the people who need it most never use it."
DonnaS
(Tennessee)

Posts:5671


05/27/2008 7:48 AM  

John,
I too am confused as to why the other Board members are allowing this. Restraining orders? For what and who is writting these orders without some sort of proof? A Judge has to sign them so what are the charges? Just not being happy will not warrant an order to be signed. There is much more to this story that we know.

This is not a conflict of interest. This is madness against fellow homeowners and members. You guys all need your Butts whipped to get back to reality and I mean all of you. This is what the bullies on the streets behave like. He said, she said and then reactions without following the right way to do things like follow document procedures and State Laws to remove those who cannot work with all of the members.

Sorry!! but you caught me on a day when I am seeing too many fellow association members behaving like bad kids.
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Forums > Homeowner Association > HOA Discussions > HOA VP/RULES COMMITEE OBTAINING RESTRAINING ORDERS AGAINST MEMBERS



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