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Non Board members negotiated


Guest Sue Sweeney
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Our HOA association held a board meeting to inform us that 3 residents negotiated a deal with an outside attorney and developer  they never told acting board or management company. Nor are they on a committee pertaining to this item. This agreement had to be viewed by 2 outside counsel. Agreement was for 3 to get $50k Can we charge 3 residents for attorney bills, ban them from future HOA meetings? What can Board do to stop this?

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Sue, please re-post your question as a new topic in the General Discussion forum.  This particular forum is for questions about the technical aspects of the message board itself, not for questions about parliamentary procedure.

Edited by Richard Brown
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Well, I see that Guest Sue's question got moved to the General Discussion forum from the "Questions about the Message Board" forum.

Sue, I was hoping you would add more information.  I am not able to figure out exactly what is going on based on your description.  Perhaps someone else can figure it out, but I'm at a loss and need more information. 

Edited by Richard Brown
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3 hours ago, Richard Brown said:

Our HOA association held a board meeting to inform us that 3 residents negotiated a deal with an outside attorney and developer  they never told acting board or management company. Nor are they on a committee pertaining to this item. This agreement had to be viewed by 2 outside counsel. Agreement was for 3 to get $50k Can we charge 3 residents for attorney bills, ban them from future HOA meetings? What can Board do to stop this?

For some reason, when I try to quote the OP, it attributes it to Mr. Brown.  I'm just going to roll with it.

Like Mr. Brown, I'm a bit confused, but I'll try to pin down my confusion with more specific questions.  The 3 residents spoke to an attorney and a developer, and made an agreement.  Did they say they were negotiating on behalf of the HOA?  If so, were they authorized to do so?  Regardless, what happened next?  What actions, if any, were taken at this meeting?  Has any money been paid out?

Also, I'll add that, while there will be some parliamentary aspects, this is likely to be largely a legal issue.

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Yes they claimed to represent residents The proposed offer of $50k was to be used for certain enhancements reimbursements payable up to $50k in names of only these 3 residents  Developer attorney knew there was a board and that our board had a separately hired land use attorney but made this offer  to 3 residents negotiating solo.

Our BOD & Mgt Co when presented by 3 residents with this agreement immediately gave it to HOA attorney and land-use atty, resulting in 2 bills.

Both HOA hired attorneys (land use/HOA Atty) recommended immediate rejection of agreement, agreement was vague, not valid.

 3 residents actions resulted in our actual board loosing opportunity to negotiate through land use attorney!!!

 

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So, if I've got this right, the bills you want them to pay are not the bills for the attorneys they contacted, but rather your bills for fixing the mess?  That is not a parliamentary issue, it's a legal one.  You should ask your attorney your rights in this situation.  

I do not know what the final sentence means, but it sounds like, despite your board not authorizing any actions, there was some permanent effect to their actions.  That, also, is not a parliamentary issue, but a legal one.

So, with that further information, I think there is no parliamentary issue here, and all matters can be resolved with an attorney (if they are to be resolved at all).

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