Issue with HOA/Management

[Cameron124]

Hi, my partner has served the HOA for more than 7 years and he was an Ex-President of the Condominium. 3 months ago, he requested the HOA and the management to fix our unit, which was destroyed by the water coming from outside bricks. Its because we are moving to another state. Our 2 bedrooms were severely damaged and we had to lock one bedroom and turned into a storage room until it’s get fixed. The issue started 3 years ago. Long story short, when we asked help to fix our unit, not only the board members refused. They engaged an attorney and held a Special meeting to remove my parter from the board without a cause. Management had issues with the President as he always asked them to provide the services that they promised as on signing the contract. The letter attorney sent us was a threat letter and he misquoted our bylaws. The other board members never liked the president because of his color and race and has discriminated at various occasions and we have all the records. Treasure of the building supports us as he knows the removal of the president was illegal and was without a cause. Yesterday morning I was harassed by 2 of the Board members in the parking lot and I had to call the police. most of the unit owners like the Ex President as he has helped above and beyond. We don’t know what should we do in this situation. Our reputation has been tarnished and we have been harassed. As a unit owner we have asked the management to provide us the board minutes, and they never respond to our emails. Please advice.! Thanks

 

[STEPHAN]

Why do you feel the HOA is responsible for fixing the inside of your unit?

 

[Cameron124]

Why do you feel the HOA is responsible for fixing the inside of your unit?

Because our property was damaged by the water coming from outside brick and any damage caused by the exterior, the HOA is responsible to fix it. It’s in our bylaws.

 

[zddoodah]

I'll ask the obvious question (other than the question asked in the prior response): what state?

However, even if you answer both questions, there's not much anyone who hasn't read your HOA by-laws/CC&Rs can tell you, so I'd suggest that you and your boyfriend consult with a local attorney.

 

[Cameron124]

We are from New York City.

 

[Zigner]

There are several issues raised in your post, but not a specific question.

 

[Cameron124]

My question is can a HOA board remove the President with a no cause proven? Also what can be done in this situation as we are being bullied and harassed by those HOA members.

 

[Zigner]

My question is can a HOA board remove the President with a no cause proven?

Refer to your HOA docs.

Also what can be done in this situation as we are being bullied and harassed by those HOA members.

What did the police say/do?

 

[Cameron124]

1). Bylaws clearly say, that a board member can be removed with a “CAUSE” at a Special Meeting.
2). Police said as long as the board members don’t touch you or threat you. We can’t do anything.

 

[Zigner]

1). Bylaws clearly say, that a board member can be removed with a “CAUSE” at a Special Meeting.

What was the reason they gave for removal? (I suspect that they did have cause and you don't agree with it.)

2). Police said as long as the board members don’t touch you or threat you. We can’t do anything.

That's what I was going to say as well.

 

[Cameron124]

What was the reason they gave for removal? (I suspect that they did have cause and you don't agree with it.)
That's what I was going to say as well.

The reason was given in the memo sent out to Unit Owners was that the President called a board member a Clown. And the President has called the condominium’s insurance without board’s approval. We are unit owners also and we have every right to call the Condominium’s insurance to seek guidance when management is unable to help.
and the reason why the President called a board member a Clown because many of the unit owners have complained about that individual that he sits in Garage and smoke. Which is clearly very dangerous for the Condominium. He was given warnings and warnings not to sit in Garage and smoke.
the removal was clearly based on personal indifference rather than a true cause.

 

[Zigner]

The reason was given in the memo sent out to Unit Owners was that the President called a board member a Clown. And the President has called the condominium’s insurance without board’s approval. We are unit owners also and we have every right to call the Condominium’s insurance to seek guidance when management is unable to help.
and the reason why the President called a board member a Clown because many of the unit owners have complained about that individual that he sits in Garage and smoke. Which is clearly very dangerous for the Condominium. He was given warnings and warnings not to sit in Garage and smoke.
the removal was clearly based on personal indifference rather than a true cause.

What is "for cause" defined as in the HOA docs?

 

[Cameron124]

What is "for cause" defined as in the HOA docs?

There is nothing specifically defined in the bylaws. I have gone through word by word. We feel it’s clear discrimination because in the past there was an individual who has caused so many issues as a board President and when the unit owners tried to remove him, same board members mentioned that only a financial cause can remove the other board member.
I don’t know how tue rule change with us. My partner has not caused any financial issue to the building, infact he has helped many of the unit owners that were neglected by the management and HOA and that’s the reason we have more than 50% of the Unit owners are standing with us and has singed the Quorum.

 

[Cameron124]

Also, there was a board member who has sued the building and she served the board. She was never removed from her seat because she was a white lady.
mar haven’t sued the building but yet to face so many difficulties.

 

[Cameron124]

Does anyone know any Pro Bono attorney that can handle this case, we would be extremely thankful for any advise in this difficult time. Thanks