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What can be done about condo association's disruptive owner?

Posted on Thu, Apr 22, 2010 @ 06:13 AM
  
  
  
  
  
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condo association boardWhat can be done about a disruptive owner in a Condo Association? We have an individual who was thrown off the condo association board by a vote of homeowners 2 years ago because she was disruptive to the condo board duties (wasting money by constantly calling the attorney, uncooperative at board and public meetings, etc.).

Now this individual refuses to stop badgering the board at every meeting and will not relinquish the floor when she is called out of order. Additionally, she walks the community trying to get petitions signed whenever the condo board tries to accomplish anything. She threatens legal action (but never follows through). Unfortunately, our condo association's attorney bills have increased from a few thousand dollars a year to almost $50,000 primarily due to her disruptive actions and the condo board having to address all of her actions and threats. Can anything be done to make this person go away or stop her from holding the community hostage? The board is having trouble meeting it's responsibilities because they are constantly dealing with this owner and we're paying for it in increased condo fees.

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Comments

What if you notify the attorney that he is not to take calls from individual condo owners especially this one. If she is not on the Board she should not be calling the condo attorney - "let her call her own attorney " . I would send her a certified letter stating that since she is no longer on the Board she is not to call the attorney that represents the board unless she makes payment on her own to him.. If the attorney is told not to take the calls hopefully, he won't and your bills will go down. Put your owner on notice with the certified letter with a copy to the attorney. Let us know what you do. Those are heavy attorney fees.
Posted @ Thursday, April 22, 2010 8:39 AM by Judith
Are the other owners aware that their association dues are going mostly to combat her lunacy? Maybe a little letter to the homeowners saying, "The association welcomes debate, but not legal matters with no merit that only waste everyone's money.."
Posted @ Thursday, April 22, 2010 8:40 AM by Deni
Roberts rule prevail....yes call the attorney. Our board would not allow you to call the attorney without going thru the board. This is very simple to figure out........CHANGE ATTORNIES and don't let her know until she tries it again, then put her on notice that she must follow procedure just like everyone else has. You speak of a petition HUM well people must be signing them or she would not have anyone to go to. Shame on this lawyer for taking her calls and representing her and chargeing your association. That's a lawyer for ya!!!!!. Good luck and change lawyers this laywer is toxic to your association............
Posted @ Thursday, April 22, 2010 10:11 AM by s.....
I was unsure reading it if the troublemaker was the one calling the attorney or if the BOD was to respond to her threats. The latter is more of a problem. I was implement full robert's rules at the meeting and also call a community meeting to discuss whether her petitions have merit. At the community meeting she may she herself to be a bit looney and hostile and the may convince the other unit owners to stop backing her petitions. also be clear at that meeting and show how the budget is actually being sent - including a detail of these legal fees and how it's affecting your bottom line. the community may shun her then. also check with your or another lawyer to find out what if any injunction can be taken to get her to stop frivolous suits. there are laws against that and she could find herself and the other side and the one being sued by the association.
Posted @ Thursday, April 22, 2010 4:28 PM by LLH
Two simple solution steps: 
 
 
 
Instruct the attorney that they will not be paid for answering her calls. The attorney should have only one point of contact with the Board in any event. 
 
 
 
Ignore this persons intrusions just like you would any 4-year old. Do not recognize her at meetings and carry on your business as if she was not there. Responding to her behaviour is the only thing that gives her power. You can just as easily take that power away.
Posted @ Thursday, April 22, 2010 5:27 PM by Marc Binenfeld
It is clear that you are dealing with an individual who is still hurt for being removed from the board and has way too much time on her hands. As an underwriter of D&O insurance, I am still trying to draft a "too much time" exclusion. Unfortunately, this is the origin of many board issues. The key is the proper use and institution of Roberts Rules of Order. It is imperative to apply the rules consistantly to all board members and association members. If she does not comply with the rules, a court order against her may be necessary and appropriate and can be preceded by a letter to the association member that you will seek recovery of the assocaition's attorney fees if she forces the association to obtain a court injunction. With respect to the attorney, I am not privy to all the facts and circumstances. However, it does seem that an attorney experienced in association business would allow this to go on, especially outside of the litigation context.
Posted @ Sunday, April 25, 2010 5:28 PM by Joel W. Meskin, Esq., CIRMS
In Florida 
 
What statues does a Property Owners Association have to follow? 
 
We have the POA and the 6 other Condo Associations within our Community each having their own separate association. 
 
Question: We have someone running for a board seat who for two years has not paid his yearly POA fees does the FLA statue apply that he cannot seek a seat since he is delinquent on his fees with the POA? He also has not paid his property taxes this year and numerous times has failed to pay his association maintenance fees for 3-4 months before he decides to pay.
Posted @ Wednesday, April 28, 2010 10:38 AM by T
The Board should stop calling its attorney regarding her complaints. Let her get her own attorney. She has the knoledge that most of the current Board will run to the attorney every time she opens her mouth. If she should get an attorney she has to pay him. And the first thing her attorney is going to do, is NOT TAKE YOU TO COURT, but send you a letter, at that point you let your attorney look at it and suggest the appropriate action. Unless she is made of money she will soon realize that her money could be better spent.
Posted @ Wednesday, September 29, 2010 8:18 AM by Harold
Don't want to discourage you, but I can say that I have never encountered so many a) greedy lawyers or b) wacky people as since becoming a condominium owner. Maybe it's part of the territory. Sure is not nice. 
K.
Posted @ Wednesday, October 06, 2010 1:14 PM by Katherine
i feel this person has a reason to 
 
complain to the condo attorney 
 
apparently fiduciary duties of the condo board is not beind followed 
 
carolyn
Posted @ Sunday, September 04, 2011 8:22 AM by carolyn
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