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Subject: hoa vice president verbally abusing and treating board members

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RovinK
(New York)

Posts:6

12/29/2005 7:40 PM
hello ,seasons greetings to all,my question today is as the president of our HOA what should we do if our vp is accusing and treating us to take things outside in the presents of other home owners.we all ignore him now i am started to get sick about this what should.

LuciusD

Posts:0

12/30/2005 5:49 AM
In my opinion, it depends upon YOUR documents. Under what circumstances can he be removed from the vice presidency? And what does it take to remove him from the board? I'm guessing the board can remove him from the office of vp, but a large majority of owners will be required to remove him from the board. When is his board position up for re-election? If that is soon, maybe the best course is to recruit a replacement to run for his seat.

RovinK
(New York)

Posts:6

12/30/2005 10:35 PM
thanks for the reply,the vp and myself was elected by all home owners,presently on the board we got 3 directors i do not know if this ic right but i am the president of the hoa and also a director.can we request his regnication.thank you.

RogerB
(Colorado)

Posts:4686

12/31/2005 8:08 AM
RovinK, yes you can request a board member resign but he does not have to honor your request. Often the bylaws state that members elect directors and that directors elect officers. If so, the bylaws probably also provide that the board members can remove officers and that members can remove directors from the board. Either is usually accomplished by a majority vote at a duly called at which a quorum is present. Check your bylaws for guidance. Roger

RovinK
(New York)

Posts:6

01/03/2006 6:17 PM
thank you.

JimM2
(Texas)

Posts:7

01/15/2006 5:21 PM
We had a similar situation in which a board member was verbally abusive to other board members in the meeting. What our board did was vote to follow Robert's Rules of Orders in our meetings. These rules did give us the means to handle outbreaks when they arose. It does require a working knowledge of Robert's Rules of Order, but it is a working knowledge worth gaining. Good luck. Jim

FranN
(Maryland)

Posts:8

03/23/2006 11:28 AM
You're a good president to be willing to do something about that situation. I wish you were our board president. I am on a board with a similar situation where a woman last year slandered me and the president with mishandling hoa funds. The president choose to ignore the situation. This year the same woman was elected to the board and the office of vice president even though she was delinquent at the time. The board president doesn't want to have her removed becuase she is afraid the woman will sue us for racial discrimination. The woman has verbally attacked me and the board president via email to all board members and the management company. She has accused me of stealing hoa money, called me a thief, told me to resign and threatened me, etc after she has been on the board for less than 3 months. She is also investigating whether I, the president and the other original board member should be on the board. The management company intervened after I responded to this woman reminding her that she was delinquent when she ran, etc. The board president has told me rather than legally defending myself from this woman, I should forget about it and move on. What can I legally do about this woman to get her to stop her cyberlibel and attacks?

EdR
(Texas)

Posts:170

03/25/2006 10:20 AM
FranN: What has happenend here is defamation. Defamation suits are difficult to litigate, but your board is a corporation and has a duty to fellow directors for loyalty. When someone threatens you and accuses you of "theft" and no one on your board supports doing something about it, they are guilty of misconduct. If you misappropriated funds either recklessly or negligently, you can be sued and it turned over to their D&O insurance. However, since it is a lie, it is defamation. If a board doesn't concertly stop such wrongdoing, they are ALL at fault and this VP needs to be told that. You, even as President, can make a motion to remove the VP and have someone second it, and then vote. Then you as President or anyone else can nominate, second and vote in another director to VP. The board can change officer's positions on the board, but not remove directors from the board because they were ELECTED by the membership. Keep in mind, I'm not saying you wouldn't be successful in a defamation suit, just that they are difficult. Slander is the verbal defamation; libel is written defamation--if it is in writing, you have a lot better case; if it's verbal, and they only said it to you, it will be difficult to prove. If it was said to several people and they will witness, you also have a good case. Let me also say that it is becoming the "in-thing to do" to defame people, and they are getting by with it all over the place. Be very careful though, the very people you think are your friends in this situation, may be helping the VP to defame you. For instance, some MCs these days don't like to be supervised by the Board, but vice versa. It is so easy for someone in the MC to find a weakling on your board and, as is the case with our board in my assn., they scratched each other's back for a goal of the president's takeover for a special interest group, and not for the good of the entire association. The MC wanted to be rid of me because I was VP and I TOLD THEM THAT THE BOARD WOULD MAKE THE DECISIONS, and they wanted it the other way around. They helped each other with an assault and defamation; I've resigned from the board, will never do it again, and when a claim the president and MC agent interfered with it--that is against the law too. Good luck. EdR

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