I have been reading all day trying to find something in our Dec laws regarding the removal of a board member. There is nothing. Not one single word. They are asking me to recuse myself only on this one HO issue because my affidavit was listed as an exhibit in the HO discrimination lawsuit. I did not give the HO permission to use it and honestly, all it say is that I have a home based business with customers. This other HO is not my friend nor do I conduct business with this HO. According to the law referenced above it states I must have a vested interest on the outcome of the suit. I feel I have neither. I do not think they can exclude me from emails or meetings regarding this issue. What legal leg do I have to stand on. I am not listed as a witness in the HO case nor am I willing to be. They are saying that I should just abstain. However, I do not agree and am desperately searching for case law (because the law is so vague) to plead my case. Is it a violation of my rights as a board member to exclude me from discussions regarding this closed arbritration (which the HOA has won then the state discrimination suit HOA won also but the HO is appealing the discrimination suit) case?. I am hoping that you can help me with an answer that supports either them or myself. Please I am not a lawyer but I do not want to be pushed around either. What can I say to the HOA and the attorneys on my behalf?
Thank you for your quick response. I believe I can use this information. Thank you! I hope I can contact you again if another issue arises.
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