Homeowners' Association disputes are usually over parking, roof repairs, landscaping and, of course, fee increases, but a friend of mine brought to my attention a first for him: the removal of a director by Secret Ballot under California Civil Code Section 5100.
Below are excerpts from the letter issued by the Association's law firm [bold added]:
M. began serving on the Board of Directors in 2015 and has, on two occasions been formally censured for inappropriate actions taken by her during her tenure as director.There were several other charges related to misrepresentations to and interference with vendors.
The Board is informed that M. presented a fake letter to the Board, claiming it was written by a tenant asserting a monetary claim against the Association....The tenant subsequently confirmed she had not written or otherwise authorized the letter M. presented.
The Board is informed that M. created a fake email, claiming it was from one of the directors, and sent the fake email to other directors causing distrust and interference with the efficient operation of the Board and Association....
The Board is informed M. entered erroneous email addresses to make it appear communications were sent to all directors, when in fact directors were being excluded, causing distrust and interference with the efficient operation of the Board and the Association.
M.'s behavior sounds outrageous, but my friend voted "no" to the removal of M. from the Board: 1) The only information he has is a letter from a law firm; M. should have an opportunity to give her side of the story. 2) What's her motivation---is it pecuniary somehow, does she need "help", etc.? 3) Why can't we just let her serve out her term, at most another year?
He was prepared to approve, but there just wasn't enough there.
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