Fraudulent voting and rogue board

Started by PauletteK2 • 5 replies • 187 views

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PauletteK2 (California)
Posts: 2

Posted:

Hey guys thanks for your comments but I need to clarify a few things with you.We live in a 55+ community and one of the most important issues with Willy was that he would repeatedly rent homes to underage individuals and their kids in the homes he managed also his tenants were violating CC&Rs. We had no choice but to enforce those rules because we could very well lose our 55+ status
According to the California Department of Real Estate , Willy was in violation of the law in acting as a rental agent without a license or training. In fact, I was instructed by the department to file a formal complaint with them which turned into an all out investigation and Willy finally was served by the Commissioner of the Department of Real Estate to cease his illegal activities which he chose to ignore. This forced the department to fine him $80,000. His actions were recently published as an example in an educational training manual as a test case for future realtors .
I have been in this community for nineteen years and have deeply involved in it , I’ve done the work. I am not being caddy or making statements that have no validity. Even though some of you may not relate to the validity of my statements ,I am asking for help with the issues we are facing here, this is what we believe we deserved.We all are seniors who bought our homes here to retire peacefully and even though you may not believe or agree that we have these problems, that’s okay. It would be very much appreciated if our issues were treated with respect. Therefore if you feel like need to tear people down, I suggest you go to those internet where people are famous for bashing.
I thought this was a safe place to get advice…

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Sorry but we don't necessarily give the advice YOU want to hear. The truth is that the Rental situation is NOT the HOA's business. They are NOT in the rental business. The HOA is a third party to any leases. They do NOT own the homes nor do they lease them. The issue you have with Willy is your own battle. It may effect the HOA yes. However, it is NOT one that the HOA is necessarily responsible for correcting. The lease does not included following the HOA rules most likely. The ONLY party the HOA can enforce the tenant's violations is through the owner/member. The HOA typically can't go after the tenant.

Your choice is to take on the battle with Willy. You can't put it on others unless they are willing to support/work with you. Stating the President does nothing and gathers their votes is nothing wrong. I would not be happy if my HOA spent money on this situation if there isn't a large majority of owners against it. It makes no sense to spend EVERYONE's money on something that isn't necessarily a HOA expense. The HOA spends money on it's operational costs. Is Willy paying his dues to the HOA? If so, then why does the HOA need to bother?

So stop putting stuff on the President or the HOA just because YOU do not like the situation. All you can do is concentrate on the YOU issue. Which is go file the complaints with the right authorities to do their job. It's NOT on the HOA to enforce unless those authrorities state it is in their lane.

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

If anyone is wondering what Paulette is talking about, here is a link to the original thread:

Subject: Rouge board member / voting fraud

The way the initial thread went on a tangent, I think it was a good idea for Paulette to start this thread.
This way, the tangent can stay on the other thread.

TerriS6 (California)
Posts: 3,284

Posted:

Is there still a question about this situation?

CathyA3 (Ohio)
Posts: 6,299

Posted:

I think that the fact that this is a 55+ community changes things, and I'm very happy that I don't have to deal with this situation as a board member.

In theory the owner of the properties is responsible for any violations, but I don't know how any of the usual remedies an HOA has in their tool kit would be effective. It sounds like ratting out Willy was probably the best you could do with what you have, but what happens when Property Owner hires Willy 2? This may be a lawsuit that needs to happen, but the issues are not clear to me.

Was the HOA attorney involved in all this? What did that person have to say?

KerryL1 (California)
Posts: 14,550

Posted:

The owners who've permitted underage occupants in their rentals should have been/be sent letters to remove their tenants, and if they don't these owners should be called to a hearing with the Board taking all steps in the documents to discipline the owners of these rentals. Owners are completely responsible for adhering to the covenants and the rules no matter what their guests, tenants, contractors, invitees, or Willy do/does.

Paulette, would you mind listing the activities of the Board and/or the Board president that violate your documents or state statutes? Is failure to hold annual elections, which your Bylaws probably require, one of this Board's failures to comply with your documents?

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