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What to do about disruptive condo association board member

Posted on Mon, Apr 18, 2011 @ 08:36 AM
  
  
  
  
  
Add to delicious  delicious  
  
We own a condo in a three unit building. It is written in our bylaws that each owner must hold a position on the board. I am the Treasurer. Out of the other two owners one agreed to be the secretary. She has never fulfilled her duties and so I have had to not only be the Treasurer but the Secretary as well. This person does nothing but try to cause the Association money by constantly breaking the rules of the building, destroying, moving or touching our personal property and now has resorted to going to the City Code enforcement office to try to get them to find things wrong with our building. They found two very small things which we already had plants to address when the winter season was over. She has not paid a condo fee since last May. She has not paid over $1,700 in assessments. She mounted a game camera on the outside of the building pointing down to our parking space. It is too high up to remove. She has caused one of our tenants to leave because she was stomping around her unit so loud they could not sleep. The Association has placed a lien on her unit as of December 31st 2011. This person has told our neighbors that she has a gun and knows how to use it. Both us and the other "sane" owner feel very threatened by this person. We have talked with our lawyer who has been really great through all of these issues and he says "no law against having a gun" and we can't do anything about it. This person is a ticking bomb waiting to go off. The scariest part is that she holds a position within our prison system and is a state employee. And to my question...how can the Association get this person removed permanently from our building?
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Comments

Aside from all of you agreeing to hire a management company to run things, your problem is unsolvable (imo).  
 
 
 
I honestly don't see why anyone would buy in an HOA or condo without reading the documents (By-Laws and such)'before' buying, (especially a 'small' condo where the problems you face are the problems all small condos must be facing. The Condo-Commando 'mentality' is pervasive. I'm working hard to try to make the Baord members of our building realize that running rampant over Owners is not the way to make people want to live in condominiums or HOAs. They need to realize that they are causing great harm to the future of HOA and condo ownership. It's time the rules are relaxed !!!
Posted @ Monday, April 18, 2011 9:06 AM by KELLI2L
There's only two of you? You should both move out and leave all the problems to her.  
 
Here's something that was sent around in Ft.Lauderdale only yesterday: A tenant in a condo broke the glass of his window which crashed into the pool.He carried on arguments with owners and destroyed property belong to the condo, he struck a few owners and a security guard. The following day the owner of the apartment + a lawyer brought the tenant back to the condo and threatened suit if he was not re-admitted. ! A day later he got into a bar fight, stabbed several people and killed one person.  
 
What was the owner of the apartment thinking when he demanded that the tenant be re-accepted? What was the lawyer thinking?  
 
Unstable people are a danger all over, not only in condos and HOAs. 
 
Prince Hal
Posted @ Monday, April 18, 2011 10:20 AM by Prince Hal
Bad news...there is little you can do in a practical sense. An attorney will not help you only cost you. 
 
She is not crazy enough to baker act. even then she would be back in a few days. 
 
I think the advice to seriously consider is selling if you can. 
 
b
Posted @ Monday, April 18, 2011 11:17 AM by Condo Bob
Prince Hal, your true story is very disconserting. Because evidently the landlord cares more for their rental income than for the safety of the other humans in the Association. However, why was his mental instability not discover or disclosed in the investigation or wasn't there and investigation done? It is a requirement in most if not all condominiums.
Posted @ Monday, April 18, 2011 2:52 PM by KLESCAMELA
TIP: There should be a stipulation in your States Statutes that says a board member cannot serve on a Board of Directors if they are overdue on their Maintenance Fees or Assessments, etc.
Posted @ Monday, April 18, 2011 3:00 PM by KLESCAMELA
In answer to your question: "how can the Association get this person removed permanently from our building?" 
 
If she was a tenant she could be evicted by the prop. owner however since this person is the owner of the unit she cannot be removed. The other two owners need to speak to her or else just ignore her actions. However, her delinquent assessments cannot be ignored so placing a lien on her unit was definitely the right thing to do.
Posted @ Monday, April 18, 2011 5:40 PM by mary
Wow, a lot of bad advice. Here's what you do: 
 
1. you have already liened the unit. Pass the lien over to your lawyer and begin the foreclosure process. She will either: 1. pay outstanding dues, plus legal fees, or 2. be forced to sell. 
 
2. Re: the threat: you have a credible threat of violence. It should be a very simple matter to apply for a restraining order.  
 
3. Bylaw violations: if the camera is indeed in violation of your bylaws, hire a company to remove it, the corporation will pay the bill, and then the corporation will bill her unit (i.e. add the bill to her outstanding balance, which will be settled when you foreclose on her. 
 
4. Make sure the date on the lien is correct, as we have not yet passed December 31st, 2011. If you meant 2010, than you have waited waaaay too long to initiate to foreclosure. 
 
Best of luck
Posted @ Monday, April 18, 2011 10:56 PM by Former Manager
Former Manager, please expand item #4 on your post of April 18, 2011 regarding significance of lien date of Dec. 31s 2010 to initiate foreclosure. We have an owner TWO years delinquent on monthly assessment fees.
Posted @ Monday, April 25, 2011 12:10 AM by Herb Board Member
You need to remove her. The best way, she has made this possible by not paying, is to foreclose on the unit. I am in the management field and have used the services of Daniel Miske at Whyte Hirsboek Dudek S.C. It works! 
 
 
 
P
Posted @ Thursday, February 09, 2012 3:43 PM by Patrick
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