What is Best Way to Deal with Malevolent Motions and Resolutions?

[Macanudo]

For almost six years our HOA has tried to be fair with a discontented individual who makes a motion for a resolution which voting for or against is equivalent to answering “Are you still beating your wife?” with a yes or no.

This year it was “Resolve that Members of X HOA assembled at its annual meeting hereby instruct the Association Board of Directors to comply with the purposes of the Articles of Incorporation of the X Homeowners Association, Inc. pursuant to the terms of the Declaration of Covenants, Conditions and Restrictions, the Bylaws and Rules and Regulations (if any) which are recorded with the County Clerk. Such is always voted down but a new member pointed out that to vote against it is the same as voting that you do not want the Board to follow the rules but voting for it implies that the Board is not complying. In this instance the President ruled that it was not a proper motion and would not let it come to a vote but it will still be recorded in the minutes. In an earlier annual meeting the individual introduced a similar motion, stated in the discussion that anyone who voted against it would be liable in any legal action and then called for a roll call vote. We were not knowledgeable enough at the time and made a roll call vote.

We are considering changing the Bylaws to require prior notification and an explanation of what a no or yes vote means. What else can we do to prevent such abuse of the system? He is such a bully and so obnoxious that we have difficulty getting anyone to serve on the Board.

[Josh Martin]

We are considering changing the Bylaws to require prior notification and an explanation of what a no or yes vote means. What else can we do to prevent such abuse of the system? He is such a bully and so obnoxious that we have difficulty getting anyone to serve on the Board.

An amendment to the bylaws doesn't seem like the best idea to me. It seems like overkill for one difficult member, and I'm not sure it would really help. It seems unlikely that requiring notice will deter him, and requiring an explanation seems counterproductive, as he will no doubt give the same explanation he's given before.

I concur with the President's ruling in the past that the motion was not in order. Unless the member can point to specific rules which he claims are being violated, I would continue to repeat this strategy in the future. The minutes will record the member's motion, but they will also record the chair's ruling and his reasoning - presumably something along the lines of the fact that the society is already required to follow its rules, so a motion to do so is redundant.

If the member actually has a specific complaint, then perhaps it would be best to consult an attorney, since the member's prior words suggest that he may be contemplating legal action against the society.

[Macanudo]

If the member actually has a specific complaint, then perhaps it would be best to consult an attorney, since the member's prior words suggest that he may be contemplating legal action against the society.

Thanks for your advice. We feel we are on strong legal ground on what we do. Our legal bills for the past several years have primarily been due to verifying that we are acting appropriately. We'd love to have a legal ruling on our differing interpteration of various provisions of our Declaration of Covenants and Deed Restrictions.