When the Secretary realized that the Board would not enforce rules on it’s own, he sought advice. He was blocked from seeking advice from the HOA Attorney, so he contacted other firms, and read articles.
This article, in particular, caught his attention because it exactly described the dynamics in the Poudre Overlook HOA.
https://www.hoaleader.com/public/Whats-Your-Duty-When-Fellow-HOA-Board-Members-Violate-Governing-Documents.cfm
“They’re going to have to gather evidence and prepare themselves to take the dispute to the next level,” says Drewes. “In this scenario, the majority is just disregarding the concerns expressed by the minority members. So the minority has already tried the first step, which is taking your concerns to your colleagues and saying, ‘What’s going on? Do you think we should be doing this?’ Try to keep those concerns professional. You may get a response, or the majority may in effect cut their own throats by taking a cavalier response to your concerns.
“If you’re ignored, you should continue to document as many examples of your concerns as you can,” adds Drewes. “In whatever forum you choose to fight this out, you’re going to need to convince someone else that what the majority is doing isn’t just inappropriate but sufficiently wrong to warrant their removal or the setting aside of their decisions.”
Don’t raise the issue once and give up. “If you feel like the rest of the board is ignoring your association’s rules, keep reiterating that and bringing them back to the governing documents and voicing your objections when they make a decision,” says Erin McManis, a senior associate at Mulcahy Law Firm PC in Phoenix, who advises many associations. “Boards have a duty to enforce their governing documents, and they don’t want to be held liable for breaching that fiduciary duty.”
The next forum Drewes suggests airing concerns is among the membership. “My proposal would be to try to handle this politically at first,” he says. “Try to prevail in the forum of the membership. But whichever route you’re going, you need the evidence, and many people won’t be convinced or won’t understand what’s wrong, especially if things appear to be running smoothly. And some of these things can look petty, especially if you’ve got an apathetic membership.”
As it has turned out, simply providing the documents, but being cut off from being able to explain the context IS effective. Some Owners have reported to the Petition group that they don’t understand why the infractions by the two Board members who misrepresented the attorney are a big deal.
Some have also repeated the notion that these are “just volunteers”. But, they are volunteers who have the ability to sack another owner with $20,000 of expenses – without a truly good reason for doing so. And, when the decision didn’t go the way they wanted, these “volunteers” engaged in a campaign to hide the facts, and retaliate against anyone who attempted to shine some sunlight on the affair.
While it certainly would have been easier to quit and make it someone else’s job, the fact of the matter is that Board members have a duty to act in good faith, and that includes being informed. Based on the information in this article, the former Secretary is confident that his actions follow this guidance.