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Board Elections

Dennis,
We are having board elections this month for our annual meeting in January. There are 6 running for 3 board positions. 3 of the 6 are have had “run-ins” with the current president and board. The current board president has printed a flier and delivered it to many residents. In it he has clearly stated who he wants the homeowners to vote for and it’s not the ones he’s had run-ins with. His letter borders on libel. Are there any “rules” which would preclude him from doing this? And, the president of the board was involved in an altercation with the husband of one of the people running for the board. MCSO was called out but arrested neither of them. The president actually started the altercation by pushing the homeowner. (I witnessed the entire altercation.) I would like to send you the flier the president of the HOA was sending out but don’t know if I should send it in this format.

Thanks

1 Response

  1. dennisl

    Dave,
    There are no laws preventing the board from sending fliers to the community. If in fact the board approved such distribution. The association is represented by the entire board and only the entire board or at least a quorum of the board deciding at an open meeting to send out flyer. If no such vote took place or if this was done outside of an open meeting than the board President has absolutely no authority to send out information to the community on the communities dime. If the cost of this distribution was paid using association funds without the approval of the board the President breached his duty and responsibility to the association. No individual board member has any power including the president to spend association funds without the approval of at least a quorum of the board.
    If the association President sent the pamphlet out in the name of the board and actually slandered any other candidate (knowing posting or publishing false information about an individual for the purpose of discrediting that individual) than the association could and should be held accountable for that libelous act. This is also a breach of duty of this individual in that he knowingly subjected the association to litigation for personal gain.
    You need to get the truth out about the good candidates and call out the acts of the board president. The truth cannot ever be considered slander, but you absolutely stick to only what you know to be true. No generalities and no assumptions or falsehoods.
    It is absolutely great that your community has 6 candidates running for 3 board positions. What you need to do is engage the community in participating in this election and voting for the board members that will act in the best interest of the association and the homeowners as a whole. If this individual is not up for election this year than you may consider running a petition to remove him from the board.
    I’m not an attorney so i cannot advise you relative to the content of the letter but if you want to send it to me you can send it to AZHOAtruth@gmail.com.

    Thanks
    Dennis

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