I would check your by-laws to see if the association has the ability to fine anyone who breaks the by-laws. If so, what we do here, is first send them a warning letter and then if it happens again, they are fined. Seems to work very well in our 100+ unit condo high-rise.
Your bylaws should have a provision for removing a member of your bboard of directors. If so take that action and remove hom. Further help may be found in your State Condominium Act get on the internet and download it and reaed pertinent portions. In what state are you located?
It should be fairly easy to remove this person from being an officer. All it would take a vote of the board. He/she would still remain a board member, but not an officer
Obviosuly you have an inept board. All the answers lie in the CC&R. Follow them
Jeff Ross is exactly right. In FL we elect the Board by ownership vote, but the Board nominates it's owner officers. Therefore the Board by a majority vote can remove an officer. That person stays on the Board however. To have ownership remove a Board member requires a recall vote and that's a whole other can of worms.
It seems to be a fairly regular trait of Condo Board members to abuse their power. Ours most certainly do! We're just waiting until their terms expire and we just ignore their bad behavior. I've yet to hear on this blog of an Association actually recalling a Board member. We've learned that to complain about the Board only results in being harassed by them. So we just follow the rules ourselves, and realize that nothing lasts forever. Hang in there!
We are a new board. We have not created any assoiation douments. What douments do we need, and does anyone know where we can go to get examples of these documents, like Board Rules, etc?
Document, Document, Document everything. If there are rules that the board aren't enforcing, document them.
Rather than complain, run for a seat on the borad. Ask other honest people to also run. Complaining means nothing to a dishonest board member. It's your money. It's your community. Do Something positive.
I am responding to Linda - I think you're wrong on saying that it's normal for board members to abuse their power - Our board works darn hard at no charge to do the things most don't want to do - Most owners
want things done right but don't want to work for the betterment of the entire community.
We have a board that works hard, listens to owners and does it all in the interest of all.
Could you be a little more specific, all you are saying is that the President if violating the By Laws but you don't say how, or what they are actually doing. This is something I hear a lot and from my experience what I have seen is usually the people screaming "Foul" are usually the ones who DO NOT know the By Laws themselves. Not making accusations here but sounds all too familiar. I also echo Steves comment the workload is heavy but the committed workers are few. The critical onlookers spend more time criticizing then helping and encouraging
Most HOAs and Condos have difficulty securing volunteers to serve on their boards. Such a job is hard work and takes a good bit of timwe to perform p[roperly. It also requires training in how to conduct a meetuing. There is also the problem that Board Meetigs attract veru vew residents. Usually a handfull if regulars and an occasional "bitcher". In such an environment it is easy for the Board President to start acting as a Dictator. But don't blame him-blame your fellow unit owners.
Our covenants give each individual owner the right to "sue" any other ower, including board members, for violations of the covenants.
I am not sure if you would need an attorney to do this, but spend the money for a consultation at least. The goal is to petition the court for an injunction requiring the abuser to start following the rules and/or for the board to enforce the rules !
Then to do otherwise is contempt of court.
It may be enough to have an attornet send a letter to the board and/or the individual advising that violation of fiduciary duty removes any protection that board members has from being sued, especially if it is done knowingly.
It is sometimes amazing the impact of knowing that an attorney--who knows the law-- is involved. I would also suggest that a copy of any correspondence from you ( and/or your attorney) to this individual and/or the board be sent to the associations's attorney.
The association's attorney does not represent any individual, including you, nor the board. THE ASSOCIATIONS ATTORNEY REPRESENTS THE BEST INTEREST OF THE ASSOCIATION and it is NOT in the best interest of the association for a board member, officer or not, to abuse their power, especially when they dont even have enough respect to be discreet about it.
There are so many systemic ills in these the quasi governmental hoa/ condos, perpetuated by bad laws.
You have trouble on your hands, when the problem stems from the head. Make sure you keep a record of the president's misdeeds, and try to get hold of any minutes that might record them if any. I hate to say this, but you will have to keep your cool in the face of possible back lash and retaliation to silence you. There is a lot of good advice for you, and I wish you good fortune. Know that your task will be neither easy nor quick.
This sounds like our president for the last 3 years. When reminded that he can not make board decisions alone, he can be very overbearing. He instructs our bookkeeper as he thinks is correct but will not seek proper advise from the CPA or lawyer.