Guest Eileem Posted February 14, 2019 at 11:33 AM Report Share Posted February 14, 2019 at 11:33 AM We have a President who puts motions through which are rammed by his 4 allies on the board with no regard for bylaws. Minority board members (4) are helpless to stop him. Bylaws state that changes to Common area have to be presented to Co-Owners through Notice and Hearing. President and wife chose black square commercial grade carpet which owners do not like or want with no prior Notice and Hearing. Charged carpet to his business credit card yet charge was to him individually Not authorized to use his business credit card. Increased HOA fees without Notice and Hearing, no presentation to Co-Owners of new budget or HOA increase yet Manager billed Owners in February for unknown increase in January. How can we stop him? He appointed himself Treasurer without Board vote. So he signed the check from reserve account to pay his business credit card bill. His term is up in March and hopefully he will not elected to serve on board Is legal action only option? Owners are concerned that he will purchase additional black carpet for remaining floors without approval. Thanks for help Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 14, 2019 at 01:08 PM Report Share Posted February 14, 2019 at 01:08 PM It seems to me at this point, with the president's term expiring in one month, then your best option is to see to it that he is not re-elected. You mentioned too many different problems for me to address in one post on this forum. I agree that based on what you said, it sounds like he has gone rogue. However, it also appears to me that the current board members are not willing to stand up with him and are willing to go along with whatever he wants. As long as that is the situation, I'm not sure there's much that you can do. No matter what he is doing wrong, if there it's not the collective will to do something about it, I don't know what you can do. You might contact the National Association of Parliamentarians and / or the American Institute of Parliamentarians to find a parliamentarian you can consult with individually. Stay tuned, however, as others may have some specific recommendations. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 14, 2019 at 01:57 PM Report Share Posted February 14, 2019 at 01:57 PM Guest Eileem, you might get a copy of the current 11th edition of RONR and study chapter XX on discipline. It is 26 pages of detailed procedures on disciplinary procedures, including removing from office, removing from presiding at a meeting, suspension, expulsion and even simple censure. Make sure you get the right book... the 11th edition of RONR. Quote Link to comment Share on other sites More sharing options...
Guest Who's Coming to Dinner Posted February 14, 2019 at 05:29 PM Report Share Posted February 14, 2019 at 05:29 PM 5 hours ago, Guest Eileem said: His term is up in March and hopefully he will not elected to serve on board Is legal action only option? Owners are concerned that he will purchase additional black carpet for remaining floors without approval. Parliamentary procedure is not going to protect your money. You need the force of law to stop this guy and for that, a lawyer. Quote Link to comment Share on other sites More sharing options...
Richard Brown Posted February 14, 2019 at 06:06 PM Report Share Posted February 14, 2019 at 06:06 PM 6 hours ago, Guest Eileem said: He appointed himself Treasurer without Board vote. So he signed the check from reserve account to pay his business credit card bill. His term is up in March and hopefully he will not elected to serve on board Is legal action only option? Owners are concerned that he will purchase additional black carpet for remaining floors without approval. 30 minutes ago, Guest Who's Coming to Dinner said: Parliamentary procedure is not going to protect your money. You need the force of law to stop this guy and for that, a lawyer. Well, parliamentary procedure can give you at least some protection. For example, unless the bylaws expressly give him the authority to sign checks, the membership (or perhaps the board) can adopt a resolution (motion) canceling his authority to sign checks and withdraw funds, perhaps even at a special meeting if they are authorized and if you can call one. If such a motion gets adopted, you want to get a copy of it to your bank immediately...hand carry it. With only one month left in his term, your options are probably somewhat limited. I would start working now to insure that he is not re-elected and that he is not even on the board next term. Quote Link to comment Share on other sites More sharing options...
Nathan Zook Posted February 15, 2019 at 02:41 AM Report Share Posted February 15, 2019 at 02:41 AM I'm with Guest Who's Coming to Dinner on this. What you describe is a blatant series of violations of bylaws which have had, and continue to have, financial impacts on the organization as a whole, and on each member in particular. One thing that I highly suspect that the lawyer is likely to ask is if objections to the violations were raised at the meetings in question. While silence does not imply consent, the term "preservation of rights" comes to mind. I am not a lawyer, and this is not legal advice, but if I were in your situation, I would be contacting one in a hurry. Quote Link to comment Share on other sites More sharing options...
Guest Jras Posted February 19, 2019 at 02:02 PM Report Share Posted February 19, 2019 at 02:02 PM Good morning I am on a board of a religious non profit. We have a President who uses his position as if he were a dictator. We called to have a meeting to deal with the inappropriate behavior of a newly elected committee member. Our board president summarily cancelled the meeting and notified the accused to ignore the request to appear. Our bylaws do not detail the responsibility of any of our board members . How should we handle this abuse of power? Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted February 19, 2019 at 02:26 PM Report Share Posted February 19, 2019 at 02:26 PM 21 minutes ago, Guest Jras said: I am on a board of a religious non profit. We have a President who uses his position as if he were a dictator. We called to have a meeting to deal with the inappropriate behavior of a newly elected committee member. Our board president summarily cancelled the meeting and notified the accused to ignore the request to appear. Our bylaws do not detail the responsibility of any of our board members . How should we handle this abuse of power? See FAQ #20. For future reference, please post a new question as a new topic, even if an existing topic appears similar. Quote Link to comment Share on other sites More sharing options...
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