Board of trustees refuses to step down even though 66% of us signed a petition.

[Shipwreck]

Hi,
I live in Massachusetts, and our condo association's board of trustees is going too far.

The board wants to start replacing the vynal siding on some of the condos, and the project is supposed to cost $3.9 million. Each unit owner will be responsible for paying $7,000, on top of what we pay for condo fees. Most of us property owners don't want them to go through with the project, but the board is insisting on going through with the project anyway. Some of us suspect the board of trustees is planning on lining their wallets with this plan.

So we are trying to remove the board of trustees and replace it. In order to do that we needed to get the signatures of at least 51% of the unit owners. That's what we did, and we actually ended up getting about 66%. The proper legal paperwork was filed in court and a ruling was given that the board of trustees was to be replaced by a temporary board lead by the woman who lead the effort to replace the board. Her name is Rosemary. She, and a few others, went to the office of the board and gave them the paperwork showing that they had been replaced. The old board then locked the building and contacted the condo association's lawyer. The next day their leader (they all refuse to talk about it except for the man they designated as their voice) told Rosemary that if she didn't rescind that he would sue her in court. Rosemary contacted her own lawyer and he said that even though she would win it would be a long and expensive court battle. She can't afford that and neither can the other members were to be on the temporary board. So they rescinded. The old board of trustees are using the association's lawyer to defend them personally, and who is paid for with our dues. Now because of the threat of a lawsuit the old board is still the board of trustees and we feel like there is nothing we can do about it.

 

[Zigner]

Hi,
I live in Massachusetts, and our condo association's board of trustees is going too far.

The board wants to start replacing the vynal siding on some of the condos, and the project is supposed to cost $3.9 million. Each unit owner will be responsible for paying $7,000, on top of what we pay for condo fees. Most of us property owners don't want them to go through with the project, but the board is insisting on going through with the project anyway. Some of us suspect the board of trustees is planning on lining their wallets with this plan.

So we are trying to remove the board of trustees and replace it. In order to do that we needed to get the signatures of at least 51% of the unit owners. That's what we did, and we actually ended up getting about 66%. The proper legal paperwork was filed in court and a ruling was given that the board of trustees was to be replaced by a temporary board lead by the woman who lead the effort to replace the board. Her name is Rosemary. She, and a few others, went to the office of the board and gave them the paperwork showing that they had been replaced. The old board then locked the building and contacted the condo association's lawyer. The next day their leader (they all refuse to talk about it except for the man they designated as their voice) told Rosemary that if she didn't rescind that he would sue her in court. Rosemary contacted her own lawyer and he said that even though she would win it would be a long and expensive court battle. She can't afford that and neither can the other members were to be on the temporary board. So they rescinded. The old board of trustees are using the association's lawyer to defend them personally, and who is paid for with our dues. Now because of the threat of a lawsuit the old board is still the board of trustees and we feel like there is nothing we can do about it.

Did you have a legal question?

 

[OHRoadwarrior]

If you cannot afford to protect your home ownership rights, where are you coming up with the 7k from?

 

[LdiJ]

If you cannot afford to protect your home ownership rights, where are you coming up with the 7k from?

I think that is the whole point...nobody can or wants to spend that money. However, if the condo board gets away with this, liens, collection efforts and all kinds of nasties can be done to those who do not want to pay.

 

[LdiJ]

Hi,
I live in Massachusetts, and our condo association's board of trustees is going too far.

The board wants to start replacing the vynal siding on some of the condos, and the project is supposed to cost $3.9 million. Each unit owner will be responsible for paying $7,000, on top of what we pay for condo fees. Most of us property owners don't want them to go through with the project, but the board is insisting on going through with the project anyway. Some of us suspect the board of trustees is planning on lining their wallets with this plan.

So we are trying to remove the board of trustees and replace it. In order to do that we needed to get the signatures of at least 51% of the unit owners. That's what we did, and we actually ended up getting about 66%. The proper legal paperwork was filed in court and a ruling was given that the board of trustees was to be replaced by a temporary board lead by the woman who lead the effort to replace the board. Her name is Rosemary. She, and a few others, went to the office of the board and gave them the paperwork showing that they had been replaced. The old board then locked the building and contacted the condo association's lawyer. The next day their leader (they all refuse to talk about it except for the man they designated as their voice) told Rosemary that if she didn't rescind that he would sue her in court. Rosemary contacted her own lawyer and he said that even though she would win it would be a long and expensive court battle. She can't afford that and neither can the other members were to be on the temporary board. So they rescinded. The old board of trustees are using the association's lawyer to defend them personally, and who is paid for with our dues. Now because of the threat of a lawsuit the old board is still the board of trustees and we feel like there is nothing we can do about it.

When is the next election scheduled?

 

[latigo]

Hi,
I live in Massachusetts, and our condo association's board of trustees is going too far.

The board wants to start replacing the vynal siding on some of the condos, and the project is supposed to cost $3.9 million. Each unit owner will be responsible for paying $7,000, on top of what we pay for condo fees. Most of us property owners don't want them to go through with the project, but the board is insisting on going through with the project anyway. Some of us suspect the board of trustees is planning on lining their wallets with this plan.

So we are trying to remove the board of trustees and replace it. In order to do that we needed to get the signatures of at least 51% of the unit owners. That's what we did, and we actually ended up getting about 66%. The proper legal paperwork was filed in court and a ruling was given that the board of trustees was to be replaced by a temporary board lead by the woman who lead the effort to replace the board. Her name is Rosemary. She, and a few others, went to the office of the board and gave them the paperwork showing that they had been replaced. The old board then locked the building and contacted the condo association's lawyer. The next day their leader (they all refuse to talk about it except for the man they designated as their voice) told Rosemary that if she didn't rescind that he would sue her in court. Rosemary contacted her own lawyer and he said that even though she would win it would be a long and expensive court battle. She can't afford that and neither can the other members were to be on the temporary board. So they rescinded. The old board of trustees are using the association's lawyer to defend them personally, and who is paid for with our dues. Now because of the threat of a lawsuit the old board is still the board of trustees and we feel like there is nothing we can do about it.

Question: Are we to understand that the same attorney that was successful in securing a court order vitiating the powers of the then current board of directors, etc., -

is now telling Rosemary that she would be put to the costs of extended litigation should the "leader" sue to prevent the enforcement of those orders?

If so, he or she would seem neglectfully unaware of a fundamental principle of law. Which is that a party subject to a court order CANNOT COLLATERALLY ATTACK IT by an independent lawsuit. (Not to mention res judicata) If such were allowed, litigation over the same subject matter would be unending.

I have some suggests here and I'm willing to elaborate, but only if you come back to the thread indicating an interest.

And if you do return, let us know whether or not a contract for the siding project has been signed and when and if during the board’s tenure, was the matter addressed in the court’s orders?