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"Removal by a judge for gross negligence or willful misconduct is the only option outside of a recall of each director."
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Negligence and or willful misconduct of course would be legally prove first. A good place to start is with arbitration.
It appeared to be the most expedite path when we explored options. "Leave or be sued "works .
("Any judgment and/or award rendered by the Arbitrator may be entered into any court having jurisdiction thereof.")
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And if this is an option... ("An attorney suggested that members find the receivership documents and look for the provisions in it. He said judges don't like it when their instructions aren't followed.".)
Not sure of the cost or the procedure but I think it's worthy of exploration . Would this mean court appointed BOD members ? Oh, that sounds wonderful!
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watchdog, when you comment on parts of my posts, you are using up a lot of space when you block in my entire post...twice w/my last post.
Your point is made about the arbitration but it can be used for all the other reasons stated if/when members don't agree w/the board on HPP business.
Article XII - Administration, Sec 1 Association GM (a) The association general manager, commonly referred to as the general manager, is the individual, independent contractor, or firm hired by the board of directors to manage and operate HPPOA.
(g) If the general manager is an independent contractor or firm, that entity shall purchase a fidelity bond in an amount of half million to one million dollars to be determined by the board.
I don't know if there are any costs involved to do research for the receivership documents but perhaps there are when photo copying the documents. I was told you have to go to the court house, 2nd floor. Would need to start w/a timeline when we were in receivership.
As for court appointed board members? I haven't a clue if that's even possible.
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We do have provisions for arbitration in our bylaws:
I thought the problem was "bylaws being ignored"?
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I thought the problem was "bylaws being ignored"? Sounds like a snorkle comment! made me chuckle.
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Laws are selectively ignored, including bylaws......Recall requires a large amount of voters within the specific district to remove a director. Lawsuits are time consuming and costly. Arbitration would still require commitment of time and money but it would not require a large number of homeowners as recall requires. Further, the homeowners could do most of the ground work limiting the cost of discovery.
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The bylaws ARE being selectively ignored. Changing the number of signatures needed for recall are a considered proposal by the BLC bc it is so daunting. Hopefully the membership will agree and vote for it. The signatures only prompt a recall process. It's still up to the rep's constituents' to make the final decision by ballot vote.
We are constricted on other measures of enforcement by state law. That's why it's so important for our board to enforce our bylaws with their own peers. To remember they are on the board to represent their constituents, be their own person, and read and follow the bylaws as per the oath they took when they became a board member.
The board isn't supposed to be a click or membership to an exclusive club. They are there to represent the membership and do what's in the best interest of HPPOA. All board members are equal. Every board member should be in the loop about everything and vote on everything.
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I'm told another one bit the dust.
Roseann Mclean resigned.
Yes, there is a GOD!
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That is good news!!! Let's hope she stays resigned this time. Also, let's hope that district's replacement is a reasonable and no agenda representative. I also hope that her committee along with her husband, flying surfer and the shy "anonymous" will also disappear.
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quote:
Originally posted by caveat emptor
That is good news!!! Let's hope she stays resigned this time. Also, let's hope that district's replacement is a reasonable and no agenda representative. I also hope that her committee along with her husband, flying surfer and the shy "anonymous" will also disappear.
Only 2 of the 5 original evil directors are left, the VP and Tres.
They also need to go for all the violations of the bylaws.
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Not so fast. There still is one left but she hasn't come to 3 mtgs now.
They haven't advertised the vacancy and it's been well over the "post w/in 2 days" per our bylaws. Another violation. I heard from a reliable source that rep resigned the day after the last board mtg. It's not on the board mtg agenda which is posted on our website.
BUT chip seal is on the agenda. How about spending our monies so they "won't go to waste" per the former Pres, on road striping and reflectors for all our main drags??? It's been 5-6 yrs now since it was done last and it's so unsafe today. That will serve a larger population of HPP and make our roads safer.
AND start outsourcing to get rid of the life threatening albizias in HPP's easements along the main drags. The whole park was affected for 2-3 wks w/no power by the downed power lines in 2014. Albizias were the main culprit. With all the hurricane threats we've been having, this would be the proactive thing to do. Liability doesn't seem to be a concern either which could affect all of us financially.
Chip seal pales in comparison with what our needs are right now. After what the lot owner said about chip seal at the last mtg, they better heed his warning and not waste our money on it. Too bad the GM wasn't at that mtg. That decision will be a bad one and a waste of thousands upon thousands of OUR $$$ down the toilet. And you know once they start, they're likely to continue on and on and on spending OUR $$$ on chip sealing.
What happened to the new AC that was voted on by the board for the library??? That was months ago. For all the volunteers that spend hours in the library for committee meetings, it would be a nice way to say thank you for all your help.
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mermaid53.
What the owner said about the chip seal was the contractor was not licensed. The roads were not prepared for the chip seal. The chip seal used was substandard.
Your reliable sources are biased.
