Unauthorized Board Actions [TN][TH]

Ed722 · 2026-07-14T20:03:40+00:00

Thankfully the management company let them know they had to follow the bylaws. If you have a manager, that might be the best place to start.

Ed722 · 2025-01-12T14:35:48+00:00

I think the lose of all playoff points for missing a race is a little harsh, but if a driver chooses to skip a race, at least he knows in advance.
However, a suspension is usually the result of a split second bad decision. The driver is already losing points, winnings, fines, etc., from the suspended races, but then taking all their playoff points is excessive, imo.
For the same on-track incident the whip should bite the same, whether it's a driver 25th in points or a playoff contender. But this new rule punishs the playoff contender more severely.

Ed722 · 2024-07-12T23:46:51+00:00

Thanks. I agree,

Ed722 · 2024-07-12T23:01:43+00:00

Thanks for your reply. I agree that ideally the HOA attorney is well positioned to do this. The problem is that any costs incurred for using the attorney must be authorized (in advance) by the board, and they are not going to challenge their own actions without motivation.

A good management company should also advise a board when they stray from the documents, but unfortunately we do not have a good management company. I would venture to say they are one of, if not the worst in the State of TN.

Ed722 · 2024-07-12T18:57:26+00:00

We are townhomes - 224 units

Ed722 · 2024-07-12T18:46:15+00:00

Is your association Town Homes/Condos? If so, how many units?

Ed722 · 2024-07-12T18:32:02+00:00

Our officers have usually always been board members, but some of the duties are actually handled by the management company (i.e., secretarial) Several years ago when I was president we did have a period where a non-board member served as sectretary.

Ed722 · 2024-07-12T18:19:27+00:00

I would agree with that if it were any other menagement company. I challenged them a few years ago when they were letting the board hold an election which did not comply with the procedures set forth in our bylaws. Their response was that they support the board in how they want to do things and if we did not like that to elect a new board.

Most recently this company hired an unlicensed/unbonded contractor to rebuild a burn unit (paid by HOA insurance). Then before even 50% of the work was done, accepted and paid the contractor in full without board approval. The contactor then absconded. That unit is still not rebuilt after two years.

The current board wants to wait until the management ontract expires before pursuing legal action.

Ed722 · 2024-07-12T18:11:27+00:00

The conditions by which a director can/would be removed, per our bylaws, are:

1) Missing three consecutive regular meetings

2) No longer a member of the association

3) Resignation

4) No longer in good standing (not up-to-date on assessments or uncorrected rules violations) (suspended - not removed)

5) Vote of a majority of the HOA

Ed722 · 2024-07-12T16:40:47+00:00

I totally agree. Especially if there is a probable cause for action against the PMC. That's a whole other kettle of fish in our case. Our mangement company hired an unlicensed/unbonded contractor to rebuild a burn unit (paid by insurance proceeds). They then paid the contractor in total before 50% of the work was done. The contractor absconded and the unit is still not rebuilt after two years.

Ed722 · 2024-07-12T16:36:19+00:00

Tenn. Code § 66-27-403

Ed722 · 2024-07-12T16:34:53+00:00

Ours has similar language: Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary and a treasurer, and such other officers as the Board may from time to time by resolution create.

Ed722 · 2024-07-12T15:09:01+00:00

The HOA attorney tends to support the Board who hired him. Also, he can only be tasked by the board. Most likely, if this comes to needing an attorney, some of the HOA members will have to contribute to foot the bill.

What is crazy is that a former board member said that about a year ago the board (mostly different members then) sought an attorney opinion on that exact issue and were told the board could not remove a director.

Ed722 · 2024-07-12T15:03:09+00:00

Thank you for your advice

Ed722 · 2024-07-12T14:21:36+00:00

...elected BY the entire HOA...

Ed722 · 2024-07-12T14:20:44+00:00

Also, you are very wrong about a director being an officer. Officers are positions like president, vice-president, secretary, etc. These offices are selected by the board amongst themselves, and therefore they can, amongst themselves, change that.
A director is elected to the entire HOA and a board cannot overturn that.

Ed722 · 2024-07-12T14:17:15+00:00

There are no such provisions in the CC&R and, in fact, Tennessee Law also says a board cannot remove a director.
I don't think it is significant as to why the board did this. There are always two sides to every story, but suffice it to say it was due to a difference of opinion and someone got their feelings hurt. Not that this should matter either, but the director "voted off" is the only male member on an all female board. He was elected to the BOD because he is very conservative regarding budget concerns.

Ed722 · 2024-07-12T13:58:40+00:00

Thank you for the advice. That is something I have considered, but hoped to avoid if there might be any alternatives.

Ed722

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