Our COA president abuses his position and gets away with it because of the cost for a individual member to take legal actions

[Guest Cal Knudsen]

I have found the responses for my first question to be very helpful so I want to initiate another topic. Our COA president abuses his position here. This is well known throughout the community. We have several problems in dealing with this issue. The State of Florida deregulated the Business of Professional regulation 2 years ago in terms of many of the issues we are dealing with. We have filed 2 complaints with them, and have found them sympathetic to our complaint, but they cannot help us legally. We have hired an attorney, and the cost to litigate our complaints are from 15K to 20K. The remaining members of our board have made it clear that none of them are willing to be president, so a recall is really a fruitless attempt as we have no other board member to take the position of president. This situation alone gives our president complete control for the most part of what occurs here, and he takes advantage of it. His favorite expression is that " you do not want to be on my bad side". he also boast that the association has plenty of money to fight a legal claim against them and is not afraid to spend the associations money in legal fees to protect his behavior.

SUGGESTIONS ????

[Chris Harrison]

The remaining members of our board have made it clear that none of them are willing to be president, so a recall is really a fruitless attempt as we have no other board member to take the position of president.

Who says that only Board members can be President (unless the bylaws say otherwise the Vice President would become President if he were removed from office)? Is that actually in the bylaws or merely an assumption? If someone other than a Board member can be President then remove the President and elect someone else. If indeed only Board members can be President check the bylaws to see whether removing a few Board members and electing some who are willing to step up is a feasible option.

Also, just because the President thinks that he can use Association funds for his own needs doesn't mean that he can actually do so. Check the bylaws and any related rules to determine if he has the authority to spend Association funds and if so for what. Make it clear to the Treasurer that the Association will hold him personally responsible if any money gets improperly disbursed (first make sure you have the numbers to hold him accountable if needed).

[Guest Guest]

Who says that only Board members can be President (unless the bylaws say otherwise the Vice President would become President if he were removed from office)? Is that actually in the bylaws or merely an assumption? If someone other than a Board member can be President then remove the President and elect someone else. If indeed only Board members can be President check the bylaws to see whether removing a few Board members and electing some who are willing to step up is a feasible option.

Also, just because the President thinks that he can use Association funds for his own needs doesn't mean that he can actually do so. Check the bylaws and any related rules to determine if he has the authority to spend Association funds and if so for what. Make it clear to the Treasurer that the Association will hold him personally responsible if any money gets improperly disbursed (first make sure you have the numbers to hold him accountable if needed).

In last years election our current president received only 70 vote compared to the other candidates who received a 100 plus or minus. But then the board here elects the president The rest of the existing present memebrs will not except the responsiblity and step in. Now the obvious question is why dont I do this? I cannot right now because of a medical situation and future operation.

Next, our problems with the president and the board is as an association. What i was trying to say is that in pursuing his misconduct we have to go after the entire assocation, and they use the associations attorney to protect and defend them. Is this any clearer?

[Guest Cal Knudsen]

Who says that only Board members can be President (unless the bylaws say otherwise the Vice President would become President if he were removed from office)? Is that actually in the bylaws or merely an assumption? If someone other than a Board member can be President then remove the President and elect someone else. If indeed only Board members can be President check the bylaws to see whether removing a few Board members and electing some who are willing to step up is a feasible option.

Also, just because the President thinks that he can use Association funds for his own needs doesn't mean that he can actually do so. Check the bylaws and any related rules to determine if he has the authority to spend Association funds and if so for what. Make it clear to the Treasurer that the Association will hold him personally responsible if any money gets improperly disbursed (first make sure you have the numbers to hold him accountable if needed).

In last years election our current president received only 70 vote compared to the other candidates who received a 100 plus or minus. But then the board here elects the president The rest of the existing present memebrs will not except the responsiblity and step in. Now the obvious question is why dont I do this? I cannot right now because of a medical situation and future operation.

Next, our problems with the president and the board is as an association. What i was trying to say is that in pursuing his misconduct we have to go after the entire assocation, and they use the associations attorney to protect and defend them. Is this any clearer?

[jstackpo]

How many candidates for president were there and how many votes did each of them get?

[Josh Martin]

In last years election our current president received only 70 vote compared to the other candidates who received a 100 plus or minus. But then the board here elects the president The rest of the existing present memebrs will not except the responsiblity and step in. Now the obvious question is why dont I do this? I cannot right now because of a medical situation and future operation.

Okay. So the membership elects the board and then the board elects officers. So find someone in the membership willing to serve as President. Remove the President from the office of President and from the board. Elect the member to the board and as President.

[Guest Edgar]

Okay. So the membership elects the board and then the board elects officers. So find someone in the membership willing to serve as President. Remove the President from the office of President and from the board. Elect the member to the board and as President.

Well, they might have to remove more than one board member in order to get enough new members on the board willing to elect the desired president (as Mr. Harrison suggested).

[sMargaret]

Your other option may be to change the bylaws to elect people to specific positions on the Board, rather than allow the Board to elect from themselves. Double check the bylaws to make sure that it's being done correctly now, though.