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Yes and no. A lawyer could tell the OP in about ten minutes whether the actions of any of the board members would expose him or her to being sued as an individual thereby not being eligible to be defended by the HOA or Condo itself. The OP has indicated that at least one board members has transmitted information that may not help his defense. Certainly a threat of this nature might cause them to reconsider opening the records...if there's nothing to hide, that is. With something to hide criminal rather than civil avenues might be pursued.
There are things to hide, but not really criminal. Although we are looking. We feel that we see malfeasance right now.
Time will tell.
I do wish I had taken documented proof of the grass dying on their watch. As petty as that may seem, the grass for 25 acres is quite an expense to replace, and lack of watering also endangers the foundation repairs we paid almost a million dollars for.
Now I am being told we HAVE no by-laws, lol! Because supposedly boards for the last 20 years have changed them w/o approval. That is not true. They are recorded at the county. This is why I didn't want them elected. Their whole campaign was nothing but lies and they are still doing it.
I am not fresh off the boat. I have lived here longer than every person on this new board. They are trying to lie to my face about things I know more than they do about. It's madness. Well, I say 'they'. It's really one guy running this crazy train. From now on I am only speaking to him.
He tries to distract and confuse me with walls of text. It isn't working. It's just making me mad.
My reply to the allegation that past boards have fraudulently changed the by-laws. Thoughts would be appreciated:
I would hazard a guess that since the documents were recorded at the County, the homeowners here had 'X' amount of time to challenge them, and failing to do so in a timely manner makes the issue moot at this time.
My reply to the allegation that past boards have fraudulently changed the by-laws. Thoughts would be appreciated:
I would hazard a guess that since the documents were recorded at the County, the homeowners here had 'X' amount of time to challenge them, and failing to do so in a timely manner makes the issue moot at this time.
Over 16 years have gone by.
There is a difference between voidable and void.
There is no limitations period on void. The fact that something was recorded does not make it valid or immune from challenge.
There is a difference between voidable and void.
There is no limitations period on void. The fact that something was recorded does not make it valid or immune from challenge.
OK, but he wants to SUE the people who recorded them and prosecute them for fraud. And to sue last year's board. Who he already sued and signed a settlement agreement with.
He flat out said, yes, YOU are going to pay the price for setting all these wrongs right, and let that be a lesson to you for voting the wrong way all these years. !
If it costs the owners or the owners insurance a boat load of money to hold people accountable then it's a lesson well learned and should help prevent future take overs from happening. You live and learn, and for a long time the owners were way too complacent and this is what happens. You got what you voted for. Nothing but bad.
He went on to say, I know from neighbors very close to you, that you are friends with _______ (former board member) who is rumored to be ________'s (former President) girlfriend (she is a married woman and this is not true) so she has probably filled your mind with lies. (No, he is).
Of course I know the neighbor very close to me (the one who has a grudge over my cat scratching her dog) so I told him to get out of her living room and do his job!
Yes, I know this is a soap opera, but of his making! OMG, he is crazy. Not that that's a surprise, we were papered with crazy newsletters for years. I told my friend he's a Narcissist, so I can get him to say all this in writing, and I did.
Like Jack Nicholson in A Few Good Men, I knew he'd WANT to say his truth. I said I shall play the role of Tom Cruise
It took a few days of emails, but he blew his stack as I knew he would and vomited out all this stuff.
There is much more, all in writing, but I don't know what, if anything, I can DO with it.
Yes I have gone everywhere there is to go and there is nothing we can do. He's going to bankrupt us and all we can do is prepare to pay for his damage. I'm re-configuring my budget and savings accordingly. I just hope it's special assessments, over and done, and not dues increases that go on forever.
I feel for you. I hope you post when all this is resolved, I'd like to see a positive outcome.
I wondered if their funds were low or they were under water restrictions and those are the reasons the grass died. If they ran out of funds for their water bill, that should be documented. If the ground crew hours were cut back so they didn't tend the lawn, that is another.
You should ask around, see if anyone has written the board about the grass and has pictures. They might have group pictures outside during different times of the year and the grass is clearly shown. The question you'd ask is, "Do you have any outside pictures of the complex from the last year?" (Visiting family, friends, events, etc) Then you can document your issue.
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