Get 1 year of free community web site hosting from Community123.com!
Thursday, September 24, 2020











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: disgruntled ex board president
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
AnnS12
(Wisconsin)

Posts:14


09/04/2020 10:01 AM  
We are a small 56 unit HOA. We have a 5 person board. Our president quit by sending an e-mail to all owners stating I quit. I'm sick of this B***S***.
He had become toxic over the past year as president. Before being president, he was member at large. He got the presidents job as our treasurer and secretary,(myself) are handicapped and didn't feel capable of checking owners concerns physically. Our other 2 members, 1 is gone 1/2 to warmer climate. The other works long hours and didn't want the responsibility.
As president his strategy is to belittle the rest of board, calling them liars, refusing to accept motions, name calling, etc. Must have an anger management problem We had reached the point of possibly removing him as president when he quit. In June our Treasurer died and he stated he didn't want to be president next year, he wanted to be treasurer and so he took over the books.
He was asked when projects came up if we had the money and his response was yes.
Since he quit we have added a new treasurer and found we are almost broke for the year. Over budget in many areas and will not be able to complete some contracted items.

We will make do until the end of the year but now he has taken to writing almost daily e-mails to all unit owners. Here is his last one.

I would like to thank my friends for the kind words, the thank you and congratulations when I resigned from the board.
I know that some of you were truly saddened to see that I had resigned but after nearly 2 years I had enough. Especially when the one person I thought was a friend turned on me for something that was none of their business. That really hurt.
Out of all of the ex-board members that I had talked to none of them left the board happy. Especially when they worked with some certain board members who's names I won't mention. But I'm sure you already know.
Again I would like to say thank you.

Believe me no one on the board was sorry to see him leave.

The one before this was questioning why some work wasn't completed.
We have ignored his e-mails.

One of the large contracts we completed this year was many tree and shrub replacements. When we were compiling the list of these items, the ex president requested new shrubs around his deck.
As we only replace dead or dying bushes his request was denied. Believe me he wasn't happy. He then proceeded to ask the contractor to replace his bushes at his own expense and bill him
today he called the contractor and stated he won't pay for them.
As a board we have decided that we will not pay this. The contract was between him and the contractor, but we are sure he will be sending more e-mails to all owners.
I feel we should discuss at our board meeting and state in the minutes that a past board member contracted to have work done is now refusing to pay, No names mentioned but it should be pretty obvious.
We have not told anyone about his behavior, but our Annual meeting is in 2 weeks and we are pretty sure he will be disruptive.
We have now added rules regarding behavior to our rules and regulations.

Board members and residents shall not engage in any abusive or harassing
behavior, either, verbal, written or physical, or any form of intimidation or aggression directed
at other members, residents, guests, or vendors.
Everyday it's some new drama.
We didn't want to disclose his behavior to owners but how do we handle all this. We do not have a private e-mail system and as president he has everyone's e-mail so we can't stop him from sending e-mails.



AugustinD


Posts:3889


09/04/2020 10:44 AM  
I suggest --

-- The board send out a newsletter, memo or email blast to all members stating that, 'if they do not want to receive emails from another owners, they should ask the owner to stop emailing them. Else use spam blocking tools as needed.'

-- Did the ex-president get these email addresses using HOA/condo resources? If so, then the board should consider the following: If this ex-president fails to respect the wishes of someone asking him to stop emailing, then it's possible he is in violation of state law. This would be because, nationwide, email addresses are available to condo/hoa owners only with the legal caveat that the person sending emails respect the wishes of anyone not wanting to receive email from him or her. I would send the ex-president a letter saying that the board's understanding is that, having obtained the addresses from the condo/HOA, he must respect individuals' preferences re communications by email.

-- Regarding the private arrangement the ex-president made with the landscaping contractor: Continue to ignore the ex-President's requests that the HOA/condo pay for this. Inform the contractor that the arrangement was between him and the ex-president, and the HOA/condo will not get involved.

-- Consider having the HOA/condo attorney warn the ex-president that falsehoods that he sends to other owners that amount to defamation, of the corporation or any board member, may result in legal action against him. Even better, consult the HOA/condo attorney and see if he/she says such a warning letter is necessary. Many HOA/condo attorneys are very good at separating mere soap opera gossip and people's egos from actual issues that deserve the board's attention.

-- Remember this is a lot of soap opera. Stay professional and just the facts. As needed, calmly correct any wild ideas this ex-president puts out there in the regular newsletter or perhaps via short board discussion, subsequently publicized to all in the Board Meeting Minutes.
AnnS12
(Wisconsin)

Posts:14


09/04/2020 12:09 PM  
the e-mail list is available to all owners. It is part of our directory so I can't limit his access to the list.
Haven't had any requests for him to stop e-mailing yet.
Do the owners have the right to know why he really quit.
We have one board member who is afraid of him. We have told her to call the police if he says or does anything that she feels threatened about.
We have not responded to his e-mails or told anyone outside the board about the nasty defamatory e-mails or blow ups.
when he quit he actually put all anything related to the board including our checkbook outside in his driveway.
Anyone could have taken it.
Luckily my husband went over and picked everything up.
AugustinD


Posts:3889


09/04/2020 12:24 PM  
Posted By AnnS12 on 09/04/2020 12:09 PM
the e-mail list is available to all owners. It is part of our directory so I can't limit his access to the list.
I agree.
Posted By AnnS12 on 09/04/2020 12:09 PM
Haven't had any requests for him to stop e-mailing yet.
Even if the board does receive requests, the response should be that the owner (not the board and not the HOA/condo) should contact the ex-president. It is absolutely not a HOA/condo responsibility to control how people use the contact information. It is almost always a statutory (and often, covenant supported) legal duty of the HOA/condo to provide that information.
Posted By AnnS12 on 09/04/2020 12:09 PM
Do the owners have the right to know why he really quit.
Because some of the Board's accusations are not necessarily proven, I suggest that your Board say the reasons are private and that the HOA attorney advised no further comment (do confirm this with your HOA's attorney as needed). Else you risk the ex-president accusing the board/hoa of defamation et cetera, resulting in having to spend more of the condo owners' money on an attorney.
Posted By AnnS12 on 09/04/2020 12:09 PM
We have one board member who is afraid of him. We have told her to call the police if he says or does anything that she feels threatened about.
I agree with the board continuing to advise her to call the police, up to a point. Depending, the board may be justified and even legally obliged to have the HOA/condo attorney send a letter to the ex-president to cease and desist or the HOA/condo will seek a restraining order against the ex-president on behalf of one of its agents (a board member). Such an expense may be justified in my experience.
Posted By AnnS12 on 09/04/2020 12:09 PM

We have not responded to his e-mails or told anyone outside the board about the nasty defamatory e-mails or blow ups.
It takes a lot for a communication to rise to the level of unlawful defamation. For what it is worth, I think it is wise for your board to continue to stay cool and generally unresponsive to nonsense from this guy. "Least said, soonest mended" is often the best approach (not that things will ever fully mend in this situation). Also I keep in mind that, if I stay cool now, I am much more likely to be at peace for the rest of the day, week, and month.

Posted By AnnS12 on 09/04/2020 12:09 PM
when he quit he actually put all anything related to the board including our checkbook outside in his driveway.
From across the internet miles and with respect, I love it. Down the road I hope your board can remember to laugh at such childish behavior. At least the ex-president did not hold onto HOA property and refuse to return it. The latter happens a lot. A former HOA of mine had an ex-president hold onto a HOA-owned computer. The new President was furious and convinced the board to vote to haul the ex-president to court, at a cost of around $7,000. The ex-president moved out of state, and the HOA won a default judgment, enforceable if the ex-president ever set foot in the state again. It's a shame things get this ugly. Lots of suffering was going on.

GeorgeS21
(Florida)

Posts:3105


09/04/2020 12:59 PM  
Hmmm ... as the Board, simply don't pay any invoice for anything you haven't agreed to.

Ignore all the other stuff.
AnnS12
(Wisconsin)

Posts:14


09/07/2020 12:04 PM  
ex-president continues to put out daily e-mails.
His latest was a listing of everything he did in the past 2 years. We all agree he did help, which reduces our costs.
However he is now complaining that we hired a landscaper to remove a tree and shrub. this was done at an owners request as they obstructed their view when existing their driveway.

His e-mail today

One of my main goals when I was on the board was to save A----- R money. On our walk around T looked at my hedges and said those have to go. To help out with finances I said I would help to pay for some of the work done around my condo. Below is a list of some of the things that I have done to help save money. Now I have found out that the present board members can't remove two small bushes and have hired Major League to do the work. They also have hired other people to do simple projects.

My point is why should I try to save money so they can waste it.

He then attached his list

his parting shot was aimed at 2 board members.


Ask T and D what they have accomplished in the last year?


We hire landscapers for liability reasons.
Has anyone had insurance issues when owners volunteer to do small maintenance projects?

The board agrees with your comments above and will not respond to his e-mails.





GenoS
(Florida)

Posts:4062


09/07/2020 12:25 PM  
Ignore him. Plain and simple. He sounds like the type that will eventually fade away when he realizes he's not getting the attention he craves. Don't play his game.
KerryL1
(California)

Posts:7496


09/07/2020 1:35 PM  
Our insurance agent advised us to not permit Owners to do hardly any tasks s many could involve possible injury. Digging two small shrubs out of the ground probably wouldn't be risky. His examples were getting on ladders, messing with electricity, being in our mechanical rooms (high rise) or walking near mechanical equipment. Still If the landscaper tries to make your HOA pay for his separate agreement with them, in writing, remind the vendor of the ex-prez's agreement with them.

Otherwise, ignore as other recommend.

If you feel you most protect your association, I suppose you could place his behavior on an executive session agenda and, as a Board, vote to reject his incivility or some such. This could be part of a discussion among directors about whether you want to have an attorney write a cease and desist letter to him. Now, I don't think that this really is a choice. But you can talk about it and include all his emails as supporting materials in your board packet. I'd call this agenda item Potential Legal Matter. This way, you have a record of being aware of all his harassing emails and you'd have a physical collection of them.

Others may have a better take on this possibility.
KerryL1
(California)

Posts:7496


09/07/2020 1:36 PM  
Our insurance agent advised us to not permit Owners to do hardly any tasks s many could involve possible injury. Digging two small shrubs out of the ground probably wouldn't be risky. His examples were getting on ladders, messing with electricity, being in our mechanical rooms (high rise) or walking near mechanical equipment. Still If the landscaper tries to make your HOA pay for his separate agreement with them, in writing, remind the vendor of the ex-prez's agreement with them.

Otherwise, ignore as other recommend.

If you feel you most protect your association, I suppose you could place his behavior on an executive session agenda and, as a Board, vote to reject his incivility or some such. This could be part of a discussion among directors about whether you want to have an attorney write a cease and desist letter to him. Now, I don't think that this really is a choice. But you can talk about it and include all his emails as supporting materials in your board packet. I'd call this agenda item Potential Legal Matter. This way, you have a record of being aware of all his harassing emails and you'd have a physical collection of them.

Others may have a better take on this possibility.
GeorgeS21
(Florida)

Posts:3105


09/07/2020 3:43 PM  
Easy!

Ignore him!

Don't comment, recommend others not comment.

Remind everyone about how small children behave for attention.
SamE2
(New Jersey)

Posts:297


09/08/2020 11:25 AM  
I would respond once providing the Board's position and inform the members you will not respond anymore. My concern with you taking the high rode and not responding is some members will believe him and think your silence is an admission of your guilt. I saw where one member was able to cause divisiveness, mistrust and chaos in an HOA by her mis-truths and rumors. It take years to clean up her damage. I believe the only responsible thing to do is cut out the cancer (shut him down) before he is allowed to infect the whole HOA. You need to do it with clear, honest communications that stick to facts and omit emotions. I know this is not easy and few like conflict but I wouldn't let it fester under the surface. Sticking your head in the sand never works.
JohnC46
(South Carolina)

Posts:9870


09/08/2020 12:57 PM  
Ann

As long as it is only him complaining, ignore it. When others start asking questions based on his complaining Emails, you will have to respond.
NpB
(Arizona)

Posts:335


09/09/2020 10:14 PM  
Posted By GeorgeS21 on 09/07/2020 3:43 PM
Easy!

Ignore him!

Don't comment, recommend others not comment.

Remind everyone about how small children behave for attention.





Excellent advice, especially when someone perpetually asks if a question is real or hypothetical.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > disgruntled ex board president



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement