ExpertLaw.com Forums

Can a HOA President Extend His Own Term Without a Board Vote

Printable View

  • 01-23-2014, 05:45 PM
    beachbum850
    Can a HOA President Extend His Own Term Without a Board Vote
    My question involves a HOA located in the State of: florida

    Our President for our small HOA decided he was going not going to run for annual election but instead make his position a 2 year term and only hold election for 2 positions. He then did away with proxy voting because he did not like them. At the annual election no one was in agreement not even the board of directors with his unilateral decision making. After the election was held the 3 winners were recorded and the Board had the board of directors meeting. A motion passed in favor of annual elections for all three positions with term being 1 year. We just had our first meeting of the new year. The "former" president didnt feel like attending, then calls the next day to say he was still president. We have no bylaws to cover this. He has consistently made decisions without board votes or totally disregarding the boards feeling regarding matters of the HOA. He constantly makes "executive decisions". He is truly a dictator. What to do next? Please help!!!!!!!
  • 01-23-2014, 05:47 PM
    flyingron
    Re: HOA President Acting As Dictator
    So have the board tell him he is NOT the president. Inform anybody who needs to know or care who the new legitiately elected officers are.
    I'm confused as to what decisions he can be making. You need to inform anybody outside the HOA that he has no power to act for the association if he is doing so.
  • 01-23-2014, 05:59 PM
    mihamih
    Re: HOA President Acting As Dictator
    flyingron: Easier said than done. I know of an association like this. Not mine but a friend of mine. Unfortunately it is VERY difficult to deal with a person like this. In their case this is what happened:

    1. Year X. Dictator president was on the board.
    2. Year X+1 dictator president did not get elected.
    3. He then started showing up for board meetings and flat our harassing the board. Just sitting in the back disrupting the meetings and insulting the board.
    4. Year X+2 (next election), no one wanted to run because of dictator ex-president. So dictator president got elected again. Some of the board members from year X+1 with overlapping terms resigned because dictator president got elected.
    5. And now dictator president is president and the rest of the board including my friend are puppets.

    Is there no way to deal with dictator president? Of course there is. But it takes a very strong personality to stand up to a bully like this. The OP needs to understand this and decide if he can handle a war with a bully.
  • 01-23-2014, 06:11 PM
    beachbum850
    Re: HOA President Acting As Dictator
    Quote:

    Quoting mihamih
    View Post
    flyingron: Easier said than done. I know of an association like this. Not mine but a friend of mine. Unfortunately it is VERY difficult to deal with a person like this. In their case this is what happened:

    1. Year X. Dictator president was on the board.
    2. Year X+1 dictator president did not get elected.
    3. He then started showing up for board meetings and flat our harassing the board. Just sitting in the back disrupting the meetings and insulting the board.
    4. Year X+2 (next election), no one wanted to run because of dictator ex-president. So dictator president got elected again. Some of the board members from year X+1 with overlapping terms resigned because dictator president got elected.
    5. And now dictator president is president and the rest of the board including my friend are puppets.

    Is there no way to deal with dictator president? Of course there is. But it takes a very strong personality to stand up to a bully like this. The OP needs to understand this and decide if he can handle a war with a bully.

    I agree this isnt easy. He has P O Box key and debt cards. The new board has thought of cancelling card and getting new Po Box. He hinted at lawsuit. I say bring it on. We have to go to arbitration in FL any way. No one in the community wants him and many would run next year to keep him out of any office.
  • 01-23-2014, 06:35 PM
    mihamih
    Re: HOA President Acting As Dictator
    Are you self managed or is there a management company?
  • 01-23-2014, 06:50 PM
    beachbum850
    Re: HOA President Acting As Dictator
    Quote:

    Quoting mihamih
    View Post
    Are you self managed or is there a management company?

    We have been self managed for the last 4 years.
  • 01-23-2014, 07:00 PM
    mihamih
    Re: HOA President Acting As Dictator
    Basically you want to remove him from the board if he is so unpopular. See Section 718.112(2)(j)

    http://www.leg.state.fl.us/Statutes/.../0718.112.html

    However I really recommend to you that you think twice about this. He will be in your face about everything. He will threaten and intimidate you all the time. You will not be certain and you will worry if you did something slightly not according to law that he can sue you for. And there will be legal fees because you will often be tempted to contact an attorney to make sure he can't hurt you. If he's been board member for awhile and the sky is not falling and the association is not on the verge of bankruptcy and your assessment is not double that of similar associations in your area, you may be better off letting the bully rule.

    Either way, it may be best that you contact the association attorney to guide you through the removal. You also better be certain that half the unit owner will vote for removing him. Otherwise you'll just rack up legal bills and won't remove him.

    As for him hinting a lawsuit, anytime someone tells me this, I say to them well if you feel that this is best for you go right ahead. Still no lawsuits :-). People bluff this one all the time. But it takes a strong gut to stand up to this....
  • 01-23-2014, 07:10 PM
    beachbum850
    Re: HOA President Acting As Dictator
    I thank you for your comments. I will have to follow section 720 as 718 governs condos. Just dont know if throwing him out or going through recall election to satisfy his thought process to show him we can legally remove him.
  • 01-23-2014, 08:24 PM
    llworking
    Re: HOA President Acting As Dictator
    Quote:

    Quoting mihamih
    View Post
    Basically you want to remove him from the board if he is so unpopular. See Section 718.112(2)(j)

    http://www.leg.state.fl.us/Statutes/.../0718.112.html

    However I really recommend to you that you think twice about this. He will be in your face about everything. He will threaten and intimidate you all the time. You will not be certain and you will worry if you did something slightly not according to law that he can sue you for. And there will be legal fees because you will often be tempted to contact an attorney to make sure he can't hurt you. If he's been board member for awhile and the sky is not falling and the association is not on the verge of bankruptcy and your assessment is not double that of similar associations in your area, you may be better off letting the bully rule.

    Either way, it may be best that you contact the association attorney to guide you through the removal. You also better be certain that half the unit owner will vote for removing him. Otherwise you'll just rack up legal bills and won't remove him.

    As for him hinting a lawsuit, anytime someone tells me this, I say to them well if you feel that this is best for you go right ahead. Still no lawsuits :-). People bluff this one all the time. But it takes a strong gut to stand up to this....

    Wow...I completely and entirely disagree with this advice.

    - - - Updated - - -

    Quote:

    Quoting beachbum850
    View Post
    I agree this isnt easy. He has P O Box key and debt cards. The new board has thought of cancelling card and getting new Po Box. He hinted at lawsuit. I say bring it on. We have to go to arbitration in FL any way. No one in the community wants him and many would run next year to keep him out of any office.

    I think that the new board should do exactly that...cancel the debit cards and get a new PO Box...let him attempt to sue.
  • 01-23-2014, 10:18 PM
    mihamih
    Re: HOA President Acting As Dictator
    Another angle you can look into with the association attorney is into whether he can just extend his term like he did. Maybe the attorney can send him a nice letter stating that he is no longer on the board as there was no formal motion by the board to extend his term. It would get him off the board and would save you a recall effort.

    Granted there is at least 95% change he won't sue if you did take away the debit card and change the po box. Now if I wanted to do this where I'm at, here is what I'd do:

    1. To cancel the debit card: I would contact the bank and ask them what procedure they need to change the signers of the account. They may have a corporate resolution form they want you to sign. Some banks do. Others just want meeting minutes that show the board voted to change. Then at a board meeting, I would make a motion to change the signers on the account, have majority of board pass the motion and make sure this is recorded in the meeting minutes. Then once the signers are changed, you can cancel the debit card. Also check if there are any applicable laws here but at our COA we never had all board members as signers. Only 2 out of 5.

    2. Change the PO Box and lock him out. Similar I suppose. Formally set the new policy at a meeting regarding who will have access, have majority of board approve it and record in meeting minutes.


    I know my advise to reconsider sounds like I'm a wimp but I'm saying this as someone who has witnessed wars like this and even fought them. In the end if I could go back and not get involved at my COA I would probably do this.

    Here is one more true story from the bully president. After the 1st time he got voted out he tormented the board with some idiocy where he wanted to personally see and count the votes. That went on for probably at least 4 months. He was sending them registered letters and all this. And they kept going back and forth with their lawyer which of course cost the COA money. And on top of this, they have a professional management company. You don't even have this and are on your own.

    Here is one of my own true stories. I got into it with a bully child of an owner a year ago. To get back at me she harassed one of the other board members who is really close to me to a point where he yelled at her. She then called the cops 8 hours after the fact and started claiming he threatened her. The cops here don't investigate anything unless the "victim" pushes them. I've seen burglaries get ignored. So she must have called them every day to do something about it. Finally to get rid of her, they gave him a disorderly conduct ticket. So the point is that a bully manipulated/can manipulate the criminal system. I think that anyone who underestimates bullies just hasn't run into one....
All times are GMT -7. The time now is 02:32 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved