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Thursday, February 25, 2021











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Subject: What would You Do?
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Author Messages
MiaR1
(Illinois)

Posts:12


02/20/2021 10:43 PM  
Hello, I’ve posted about our troubled self managed condo assn before and I am very thankful for the suggestions! Here’s a summary of the issue, requesting your valuable advice:

-With other Board members banding together, got my off the Board. I challenged and asked to see the voting documents. Discovered votes incorrectly counted in favor of two other candidates and undercounted for me. In addition, some proxies had discrepancies and should have been inadmissible, but, even those were counted because they were for the other two candidates to give them the lead. (In short, those two candidates are friends of the other two Board members. Meaning, out of five board members, four are friends with each other).

-I asked the Secretary to review the voting proxies because there is stipulation in our bylaws which he skipped over, hence, counted votes incorrectly. He continued to ignore. I kept on asking so for the show, he sent out an email just with two hours short notice to call a meeting to review these proxies. I didn’t see the email in time and missed the meeting. Bt, on a piece of paper, Secretary tallied total of ballots and proxies received(still no verification done). He signed it along with two other owners who are friends with him, another Board member and the candidate Board member(also Sec friend).

-Board posted everywhere who new Board members were without verification of voting proxies. But one thing was quite alarming fin the notice. There were three positions up for election: President, Tresurer and Board Member At Large. Three people who got in on the Board, neither took the Pres position. Another BM at Large who was not up for election last year, jumped out of her existing position and took over as the new Board President.

-For weeks, I kept on saying the due process not followed and things being done improperly, my words continued to fall on deaf ears. Sent a petition to the Board, which was accepted. Petition asked for voting verification and to provide explanation of how the new Board President selected since currently serving BM at Large clinched that position. Our association has been pretty much hijacked since no rules being followed to appoint officers of the Board. And they’ve updated these members everywhere with every vendor, etc., all without even verifying the voting proxies which will change the results.

-Board put out its notice but instead of calling it a special meeting called by owners, called it a special meeting by the Board and listed it’s own agenda for the special meeting. I objected and informed the Board that they cannot hijack owners called special meeting nor add their own agenda to it. Until, I am legally removed from Board after the voting proxy verification, I am still a board member, so, if the Board will not correct the notice, I will place the correct notices up. They didn’t, so I did. Noticed that they removed my notices and kept theirs on.

In a nutshell, we have some very cunning people on the Board who really can care less about following our CC&R or about unit owners. Their driving force are the previous Board President and Tresurer who embezzled from our association for 15 years. But, these people on the Board know about no consequences to the previous two, so they are feeling invincible and doing things their way rather than following our CC&R.

Knowing how they operate and have operated with me when I served with them, I am anticipating thing but more cunningness rather than upholding of our CC&R in the meeting and after the meeting. Throughout these past few months, I’ve noticed underhanded tactics with this whole process, so I am of the understanding that if they wanted to do things legally and properly per the CC&R, they would have done it from the getgo OR when I brought up these issues, at least they would have cooperated rather than ignored me. So their intent is most likely to maintain what they themselves decided as to who to keep on the Board and whom to designate President. Hence, I am expecting more underhanded behavior and pressures at the meeting.

Questions:

-What would you do in this type of circumstance? How would you make sure that the CC&R are upheld and enforced for getting legally elected people on the Board and removing(one of their friends who has lost) off the Board, if he/she doesn’t leave? They are all friends, I am the only outsider.

Trust me it’s not my greed of wanting to be on the Board but it’s more about self preservation because I am aware of our deteriorating circumstances, a few vulture owners(on the Board and in the association) who can care less about the association’s financials being sound. Their interest is control of the association funds and being in control as board members. Speaking from knowledge and not making accusations.

P.s. can’t really expect owners involvement because we are suffering from extremely huge apathetic owners who lack understanding about our CC&R, while others don’t want to care outside of paying assessments not realizing their apathy is our biggest problem.

Requesting no taunting, and no disrespectful reply or communications. In this self managed nightmare of an association, this forum has been my saving grace! Hence, your valuable replies will be much appreciated!


TimB4
(Virginia)

Posts:17373


02/20/2021 10:48 PM  
Based on what you provided, along with my own position in life right now, I would consider selling and moving to somewhere that is better managed.
CathyA3
(Ohio)

Posts:1612


02/21/2021 6:01 AM  
I agree with Tim.

Many HOA/COA issues boil down three options: stay and fight, accept things as they are, or leave. Staying and fighting takes allies, knowledge, a thick skin, persistence, time, money (if you need a lawyer), and a willingness to live with the consequences. Acceptance can involve living with things that negatively affect you. Moving is usually easier and faster.

How much to you love your home/community, or can you replace them without too much trouble?


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