CHAPTER 7:  ABUSE OF PROCESS BY THE BOARD.  WHY YOU SHOULD CARE (REALLY).

1.  You should care because if the Board president and Second Director can do this to me they can do it to you.

2.  You should care because the Association's Director and Officer Liability $2 million dollar insurance policy excludes from coverage the following:

4.9 based upon, arising from, or in any way related to:

(a) any Insureds gaining in fact any personal profit, remuneration or advantage to which they were not legally entitled; or (b) any deliberately dishonest, malicious or fraudulent act or omission or any willful violation of law by any Insured; provided, however, this exclusion shall only apply if it is finally adjudicated that such conduct in fact occurred.

I don't yet know what "finally adjudicated" means but I will definitely discuss this with the insurance company soon and get back to you. Do you want to pay personally for this insanity by your Board?

It does seem to me that the fine assessment I received is, in fact, deliberately dishonest, malicious, and fraudulent--the whole enchilada.  

Won't you be a little bit pissed if you find that your Board president and Second Director cost the Association a bundle in legal fees and terrible media coverage affecting market values when we litigate our claims and there is no insurance coverage?  Would you like to see the Association indemnifying the Board President for the costs incurred to defend this kind of behavior?  Would you feel a resulting special assessment is fair?  Why not protest now, before that eventuality becomes a reality?  We want to be treated just as the Rules require. No better but certainly no worse.  Let's get the petition filed to call a Residents meeting and throw the rascals out.

Oh, and you should know that the legal standard applicable to Mr. President and the Second Director is this:  They are required by law to comply strictly with Association Bylaws and Rules in everything they do.  The Board has not come close to strictly.  They haven't even tried to comply with the Rules and are still not doing so, even though we have educated them fully (at our expense) about their duties under the law and the Rules.

We have been patient thus far but I hope you can see that what we are getting in return is insanity.  Isn't it time to tell Mr. President and Ms. Second Director that they must resign because the are truly unfit to serve?  I will try to keep you up to date as things develop. For now I have to talk to the D &O Insurer on Tuesday when they reopen.