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Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Attorney
Category: Business Law
Satisfied Customers: 33104
Experience:  12+ yrs. of legal experience.
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I would like to find out if BOD can file mediation to

Customer Question

I would like to find out if BOD can file for a mediation to discipline owners who are using dirty politics, continuously misinform community about business affairs of the association in order to get full control of it. What would be the steps? Can we engage Association's D&O attorney for this?
Submitted: 9 months ago.
Category: Business Law
Expert:  P. Simmons replied 9 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you clarify, you are referring to a board of directors for a home owners association?

Customer: replied 9 months ago.
That is correct BOD of HOA.
Expert:  P. Simmons replied 9 months ago.

Thanks

And you want to know if the board can force members into some sort of mediation?

Is that correct?

Customer: replied 9 months ago.
that is correct.
Expert:  P. Simmons replied 9 months ago.

Thanks

That would be possible if, and this is the key, IF the bylaws of his HOA provide for this.

That is, IF the bylaws of the HOA have language that require mediation, the BOD can use that language to force mediation.

But it is important to understand this can ONLY happy IF such language is contained in the bylaws (the rules the HOA members must follow). So if there is no such language in your bylaws? You would need to modify the bylaws to force members of the HOA to submit to mediation.

Bot***** *****ne: this is possible. But ONLY if the bylaws of the HOA provide for this...so you would have to change your bylaws, of your HOA, to force this

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 9 months ago.
Our By-laws do have language that mediation is required if there are any disputes between homeowners and Association. Usully it is a homeowner who will initiate mediation. In this case it is BOD who would like to initiate it. Does it matter or our BOD is covered under mediation provision of our By-laws/
Expert:  P. Simmons replied 9 months ago.

What is the "dispute" between you and the member in question?

Customer: replied 9 months ago.
Members in question constantly misrepresent state of busines affairs in our Association. One of the members is former President who was voted out a few years ago. And that member is on the revenge mission. But that is very distructive and put a lot of pressure on current Board and our managers. This has been going on for a couple years now.
Expert:  P. Simmons replied 9 months ago.

Thanks
Can you give me the specific language from the bylaws...what does it say exactly?

Customer: replied 9 months ago.
I don't have it with me. I would need to get back to you on this. We are having our BOD in the next hour.
Expert:  P. Simmons replied 9 months ago.

Sure. IF you want a helpful answer, it would be good to know the language...since that language will determine how this will play out if you land in court.

I check her every day...so you can respond tomorrow if you like

But if you want a general answer? I can provide that now

Let me know

Customer: replied 9 months ago.
Let's reconect tomorrow. Thank you for your help!
Expert:  P. Simmons replied 9 months ago.

Easy...respond here and we can continue...