[olecapt]

Originally Posted by Tires

Even if he can't be voted out, unless he has accomplices working with him on the board, the other board members could have voted among themselves to select a new treasurer and put him in a position where he does not handle the money and books. The other members and any property management company should have been paying more attention to what was going on before it got to the level of $1 million dollars of missing money.
The damage has already been done though. He should be going to jail. When you see a person committing an actual crime of embezzling money, you have more options than throwing up your hands and saying we can't do anything because he owns the majority of units.

He is the board. all on it work for him. If you don't do what he says he fires you. He was the property management company. YOu don't seem to have the picture clear. He was the HOA.

HOAs are not set up to deal with the situation when a single owner owns most of the joint. Then they turn into a partnership with a senior partner. When the developer is in control it is similar. But even then there are more constraints than this guy had.

The money was an insurance check that went directly to this guy and which he directly cashed. It was never in any HOA account.

The guy is a crook...but it had nothing to do with HOA or HOA laws. I think it will be very interesting if they can make criminal charges stick. He is clearly in trouble in the civilian sector...but not so clear on the criminal side. I would not be at all surprised is he pleaded to a misdemeanor...because the DA does not want to spend the bucks to convict him when he might well win and will put up a spirited battle. DAs have budgets too.

[eventusstultorummagister]

If it's a "vacation" home you want, why not buy an RV? You can store it in town and when you fly in just pick it up and pull into a nearby RV resort. For @$20/day you can get full hookups, cable TV, wireless internet, laundry, showers and a swimming pool.

The best part being if you don't like the neighbors/neighbohood you just put it in gear! If you buy a condo now you may very well be "locked in" for many many years. Something to think about...

Good Luck!!!

[Tires]

Originally Posted by olecapt

He is the board. all on it work for him. If you don't do what he says he fires you. He was the property management company. YOu don't seem to have the picture clear. He was the HOA.

HOAs are not set up to deal with the situation when a single owner owns most of the joint. Then they turn into a partnership with a senior partner. When the developer is in control it is similar. But even then there are more constraints than this guy had.

The money was an insurance check that went directly to this guy and which he directly cashed. It was never in any HOA account.

The guy is a crook...but it had nothing to do with HOA or HOA laws. I think it will be very interesting if they can make criminal charges stick. He is clearly in trouble in the civilian sector...but not so clear on the criminal side. I would not be at all surprised is he pleaded to a misdemeanor...because the DA does not want to spend the bucks to convict him when he might well win and will put up a spirited battle. DAs have budgets too.

An HOA board is normally a volunteer homeowner committee with rules that have to be followed regarding submitting motions and seconding motions. Someone was complicit if they participated in wrongdoing out of fear of being "fired" from a HOA board position. How does a board member fire the rest of the board? Then do what if they accept being fired or walk out on their own? Leave the other positions vacant and run it all by himself?
The check went to the guy, but the rest of the board and the property management should have noticed the money was missing earlier. Maybe he had bribed or owned a scam property management company that helped him hide it if he thought it was possible he could get away with it longterm, but that would mean someone else was helping him.

[olecapt]

Originally Posted by Tires

An HOA board is normally a volunteer homeowner committee with rules that have to be followed regarding submitting motions and seconding motions. Someone was complicit if they participated in wrongdoing out of fear of being "fired" from a HOA board position. How does a board member fire the rest of the board? Then do what if they accept being fired or walk out on their own? Leave the other positions vacant and run it all by himself?
The check went to the guy, but the rest of the board and the property management should have noticed the money was missing earlier. Maybe he had bribed or owned a scam property management company that helped him hide it if he thought it was possible he could get away with it longterm, but that would mean someone else was helping him.

I quit.

YOu simply are standing on your constitutional right to be dense.
There was nobody on the board but our boy and his employees. Nobody. He was the property manager.

Unless he decided to turn himself in...there was nobody else.

And no it was not legal. So what? It still was...

Ifg you want to continue take it private. I would like to let the OP get back to the condo...

[johndar]

Anyone have current knowledge of the grounds, safety, management to date? Rental....Hope its safe, quiet. Unit looks nice.