HOAleader.com - Tip of the Week - October 16, 2015
Published: Fri, 10/16/15
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Rogue HOA Board Members Hit with Sanction; Say What?
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In this week’s tip, we answer a reader’s question about how to handle rogue board members who’ve tried to get paid for volunteer work, slipped in erroneous bills, harassed owners, towed cars without cause, and even tried to bill the HOA $150,000 for a project owners didn’t want. Other board members have sanctioned the rogue members. What’s that mean? Can you do it, too? Do you have other options?
The ability to sanction a board member is rare. Our experts in Florida, Minnesota, and Texas say there’s no such formal option in their state.
The tactic is possible in California, though it’s not called a sanction. “We call it censure out here,” recounts David C. Swedelson, the principal at Swedelson & Gottlieb, a law firm that represents associations in the Los Angeles area. “It’s done by a vote of the majority of the board. It’s usually in the form of a board resolution, and you spell out the misconduct you believe the board member has committed.”
It’s best applied to what so many nationwide are calling rogue board members, says Swedelson. “Usually, most board members who fall into that category are acting on their own, have their own agenda, or are using confidential information in a way they shouldn’t. We have one situation where the board’s beside themselves. This board member has admitted he’s giving out false information just to harass the board. This false information gets homeowners all riled up, and the board member knows the information isn’t true. The board then has to send out letters rebutting the board member’s information.
“There’s also a big push right now to have board policies and a code of conduct,” adds Swedelson. “There’s nothing that requires board member to sign those. I’m sort of like: Those things are just stating the law, anyhow. But they do impress upon board members the importance of their position.”
Swedelson says he’s seen censures used more in the last few years than in the rest of his 30-year career. “Where a board member is acting inappropriately, that’s all we can really do,” he says. “We can’t really do more than that. There’s so much apathy in the association.”
Sanctioned board members often fight back. Find out how, and if you have other options to curb bad behavior, in our new article: http://www.hoaleader.com/members/1255.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Board Member is Sanctioned. What Does That Mean?
An HOAleader.com reader writes, "We have a 520-unit condo. We have had a husband and wife on the board for over 10 years. They broke every rule and even some laws.... The husband keeps trying to get paid for his volunteer work and tried to slip in an erroneous bill to get paid. We don't know, without doing a forensic accounting, if they've done anything illegal or have conflicts of interest. All we know is that they harass the homeowners, have towed cars without any cause, and have even tried to bill us for over $150,000 on a project we didn't want.
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Manager Working to Help Hoarders and His HOA
In this week's tip, we get the inside story of an HOA manager who's working to resolve the challenges posed by hoarders.
If Dave Russell encounters another hoarder at the association he manages, Circle Tree HOA in Mesa, Ariz., he'll have to start using both hands to track them.
Click here to read full article:
http://www.hoaleader.com/public/Manager-Working-Help-Hoarders-His-HOA.cfm
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What You Can Learn from One HOA Manager's Approach to Hoarders
If Dave Russell encounters another hoarder at the association he manages, Circle Tree HOA in Mesa, Ariz., he'll have to start using both hands to track them.
"I've had this problem five times," he laments. "Statistically, you have to look at this. I've had five unit owners out of 256 units who are hoarders. That's a big problem. And this isn't a low-end neighborhood. I've found with these hoarding cases that most are pretty well-to-do people. They come from all walks of life and every occupation."
Click here to read full article:
http://www.hoaleader.com/members/What-You-Can-Learn-from-One-HOA-Managers-Approach-Hoarders.cfm
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