Let’s Make a Deal: How Board Members Avoid Accountability

After learning of the resignation of the HOA Attorney on May 31, 2019, the Secretary was attending a public event to plant shrubs in the new Natural Area created at the West end of the subdivision. He was approached by the husband of the President, who confronted him regarding not only the attorney resignations, but also the resignation of one of the Board members.

His approach was course, threatening, and intimidating, and he labeled the actions of the Secretary as “harassment”. The Secretary offered to meet with the husband with all other parties involved with the documents available to go over the dispute with everyone present at once.

The Secretary then walked to the Treasurer’s house to discuss the incident, and the Treasurer then escalated the accusation, stating that he believed the Secretary was guilty of criminal harassment, a misdemeanor. He then proposed to talk to the two Board members involved in the fraudulent misrepresentation to secure their resignations in exchange for the Secretary’s resignation (on the presumption that criminal harassment charges would not be brought against the Secretary).

The Secretary immediately declined the offer, recognizing it met the definition of extortion. It was also improper and unethical to use an accusation against one owner (or board member) as a bargaining chip to help the other two Board members avoid consequences for their actions.

The Secretary responded with an email on June 1, 2019, explaining to the Treasurer that a false accusation of criminal conduct made publicly is Per Se Slander (Libel, Defamation). He demanded a private apology as resolution to the matter.

The Treasurer did not respond, but instead, contacted the Larimer County District Attorney regarding the arrest of the Secretary for criminal harassment on June 3, 2019. The Treasurer then repeated the accusation via text on the evening of June 3, and then on the morning of June 4, admitted that he not only had contacted the D.A., but had the power to contact the Larimer County Sheriffs to have the Secretary arrested at any time.

The Secretary and his wife subsequently had a Larimer County Deputy arrive at his door at 10:40pm based upon an anonymous call. The Treasurer denied calling law enforcement, and the caller has not been identified.

It is important to note that this is not the first deal offered to help the two Board members avoid consequences. The Acting President offered to keep these two from violating more statutes and governing documents on the premise that revising the past was somehow inappropriate.

The Treasurer had also tried in May to suggest that if these two could be compliant within 30 days, that would resolve the issue.

In both cases, it required repeatedly pointing out that both persons not only had been non-compliant in 2018, but that they were repeatedly creating an even longer list with their actions in 2019.

What no one has been able to address is why these two should be given a “deal” to avoid consequences for their actions, when any other member is not afforded the ability to make similar “deals”.

The Secretary, who had his Officer position stripped, maintains that no deals should be made, and that the process outlined in the Policy for Enforcement should be followed. Impartial fact-finding is necessary, and then, if the Board decides to take no action, they may do so with an above-board, transparent vote and perhaps an explanation why no action should be taken. But, the documentation of the violations should remain a part of the permanent record of the HOA.

It’s noted that the two Board members (one resigned in December 2018) have subsequently scrubbed the HOA Facebook Group and the HOA website of all documents, which is, in part, the reason for seeking an alternative platform to voice dissent about such decisions.