by Bob McCleskey, September 6, 2019
In view of multiple actions taken by the majority of the current POA board (as well as some prior boards) which result in costing property owners unnecessary operating expenses through their approval of bad decisions which were likely recommended by the current CEO and potential losses in property value, I contend the board members who have been parties to these bad decisions are guilty of either Malfeasance or Misfeasance or both but not Nonfeasance.
In my view, they really stepped over the line when they approved the CEO’s contract, requiring 6 (of 7) board members approval to fire the CEO (where it had previously been a simple majority). I believe it really started when the CEO/Board decided to misappropriate CCI’s property rights by their attempt to change the declarations through the 2018 election. Having been turned down 60% to 40% wasn’t accepted by the CEO/Board as evidenced by their continuing to push forward on the CMP and an action by the CEO to chastise two of the new board members.
Part of the language of HSV POA Bylaws: Article VII, Section 6. (Removal) includes:
- (b) Interfering directly in the management of the Association; or
- (c) Violation of any Association governing documents, including the Declaration, Articles of Incorporation, Bylaws, policies, rules, or resolutions, as the same may be in effect from time to time, including not reporting a conflict of interest.
I understand (a) not attending meetings and conflict of interest, but what is the definition of “interfering” and what “rules or resolutions” could be violated?
Requiring an 86% (6 of 7) votes to fire the CEO is more than over the top, especially when compared to the votes to remove a board member.
I can hardly wait for the next election of directors, but should we consider legal action to remove the major source of the problem (the CEO) and find a new General Manager?
What do you think?
by Bob McCleskey, September 6, 2019
Anonymous
09/06/2019 — 3:42 pm
Bob McClesky says – “I can hardly wait for the next election of directors, but should we consider legal action to remove the major source of the problem (the CEO) and find a new General Manager?”
Well hooray for Bob! Finally – one more property owner besides myself who feels that “legal action” is an appropriate response to the CEO and legacy BOD members, including turncoat Tormey!
Maybe somebody with the means and stomach will now step forward and get us property owner organized so that we can fund such a just cause!
Any takers?
Bob and I are ready to donate! Well – can’t speak for Bob – but yes – I’m ready to give till it hurts to get Lesley and her crew kicked out of the Village!
DO IT!
Anonymous
09/06/2019 — 7:20 pm
There must be a retired attorney living in the village that can help with advice on how to legally remove the CEO. I am certain many will donate to pay for this advice and guidance. Please step forward and help us all if your out there.
Anonymous
09/07/2019 — 7:25 pm
Thank you.
Minn. Daly
09/06/2019 — 3:44 pm
Mr McClesky, your statements are on target. We have a non functioning BOD that do not represent membership. They report to the CEO! She represents power for her agenda, that membership voted down(CMP). We need that changed immediately before more new financial issues are incountered. We need legal council to address this before the next BOD meeting, Just let me know where to contribute,
Minn Daly
Kirk Denger
09/06/2019 — 9:49 pm
Erickson, Luhring, Medica, Dixon and Compagna all violated The HSVPOA’s By-laws. Article XII, Section 4, H: “a member who is serving on the Board of Directors, or whose spouse presently serves on the Board of Directors, shall not serve on a Standing Committee, until after completion of service on the Board of Directors”, which is grounds for removal. Erickson and Dixon concealed their conflicts of interest last year, which is also grounds for removal. In Arkansas, non profit Board Directors can be removed by the same amount of votes that voted them in by a vote of the members at a special member’s meeting and can also be replaced at the same meeting. For now, all members who are interested in this special member’s meeting, show it by meeting Mondays at the DeSoto Club at 5:30 and at the next board meeting, the third Wednesday of this and every month to evaluate the HSV BOD and tell those Board members who will not listen to the overwhelming majority of property owners, that we oppose the CMP and that we will remove and replace illegal Board members by a majority vote at a special member’s meeting.
Anonymous
09/07/2019 — 9:02 am
Kirk:
Will you have an attorney present at your meeting that is skilled in the procedures to remove a CEO and BOD members? And is this attorney reading to engage in litigation against Lesley and the offending BOD members?
Or is your meeting just another collection of disgruntled property owners looking for a venue to air their complaints as so many do on social media?
If you’ve engaged an attorney on behalf of HSV property owner I’ll be there with my check book in hand to donate.
Please clarify your agenda and objectives for this meeting.
Thank you.
Kirk Denger
09/07/2019 — 11:14 pm
Anonymous09/07/2019 — 9:02 am, meetings of the members do not belong to anyone except the members themselves and interested members are not interested in donations. This is not a problem a checkbook will solve, but if it were your checkbook would be as insufficient as your will to work toward a solution seems to be. The members at the meetings are empowered with the knowledge that as the members elect our BODs, the members may remove and replace the BODs just as easily. The meetings are for all rational-minded members. Leave your checkbook at home.
Anonymous
09/08/2019 — 11:58 am
Kirk: So what your saying is you have no goals, no objectives and you’re holding a meeting so that disgruntled property owners can come together and further discuss the dire state of HSV affairs in a open forum with no specific action plan to remedy our situation.
Thanks for the invite but I’ll pass.
When somebody steps forward with a clear plan to remove Lesley, the legacy BOD members and turncoat Tormey, I’ll be there sitting in the front row – and yes – with my check book in hand to help pay for the litigation – BECAUSE – that’s what it’s going to take to remove them.
Kirk Denger
09/08/2019 — 8:55 pm
Anonymous09/08/2019 — 11:58 am, when that time comes we will serve you with the solution on the silver platter that you are used to being served with. Until then just sit around while we will be working on the solution.
Anonymous 2
09/26/2019 — 11:45 am
I would be interested to know how many people showed up.
Anonymous
09/07/2019 — 7:25 pm
Thank you.
Mary Odom
09/06/2019 — 3:57 pm
Yes I agree we need to get rid of her immediately. She’s now trying to spend $8+ mill we don’t have and that’s not even to take care of the normal maintenance. She thinks she has an open check book and we have to stop her!!
Anonymous
09/07/2019 — 7:26 pm
Thank you.
Grace
09/06/2019 — 4:13 pm
But how to rid us of this menace? No one is doing anything except posting messages. Nothing.
Tonya Albertson
09/06/2019 — 4:30 pm
I agree she has to go. She knows we the poa want to look at the financial situation before going into debt 8 mil. So she is truer to get it fast tracked through the board before we can stop her.
Anonymous
09/07/2019 — 7:27 pm
Thank you
Lloyd Sherman
09/06/2019 — 5:00 pm
You have already heard it mentioned but be ready for a surcharge on golf and let’s see how that goes over. Next will be that we need to go into more debt because it will be cheaper now and more expensive later. Then if those don’t work, how about we try a special assessment, which one can assume will go down in flames. Other than taking care of current infrastructure issues, all other major projects over (I don’t know, pick a number) say $1 million has to be taken out of money on deposit in the bank once we get to reasonable reserve levels. Anybody think any of this will fly with the majority of the board?
Merl
09/06/2019 — 7:20 pm
Nothing will fly with the current board except lies, deception, wanton waste and fraud, scheming, hiding, scurrying about in secret, defrauding members, and other things too numerous to mention.
Anonymous
09/07/2019 — 7:27 pm
Thanks Lloyd
Linda Van scotter
09/06/2019 — 5:49 pm
We should be able to get a cease-and-desist order for any spending that’s not part of the budget
Cindy Anderson
09/06/2019 — 8:49 pm
Lert’s do it if we can!
Mary Szczepaniak
09/07/2019 — 1:24 pm
I like that ifea
Anonymous
09/06/2019 — 5:53 pm
Agreed
Pat McCullough
09/06/2019 — 9:49 pm
Looks like Frank Leeming is right ……….. apathy has set in. We are all just sitting around and watching it all come down.
Linda Van Scotter
09/06/2019 — 10:37 pm
What do you suggest we do?
Kirk Denger
09/07/2019 — 11:30 pm
Pat, if you have no feelings about your property rights being violated then go ahead and just sit around.
Linda Anderson
09/07/2019 — 5:54 pm
Bob McCleskey is right, the 6/7 vote was breaking the rules by removing future Board members option to stop excessive spending of the CEO but cannot move to do so. This is collusion and when taken a step further to allow a salary to be ongoing without reasonable justification is called conflict of interest. It gives the CEO money she may not be entitled to. It gives the appearance that there is something going on between these people. A good Nonprofit Corporation Lawyer would know and might be a good court case. It is wrong and everyone should express opposition to this by standing at the next BOD meeting and saying it needs to be amended now.
Minn Daly
09/07/2019 — 7:03 pm
Linda thank you! You are SO correct! Minn Daly.
Judy
09/08/2019 — 1:41 pm
Is there a reason why we continue to fund LN’s craziness with our monthly assessments? What would happen if about 500 of us refused to pay until the Old Guard resigns and acceptable appointees are named? I’m still a newbie, so just asking. Or maybe daydreaming.
Kirk Denger
09/10/2019 — 8:55 pm
Love your spirit, Judy, however, 500 would lose their voting rights and that could be counterproductive. Bring your ideas to the member’s meeting at the DeSoto Club, Monday evenings at 5:30.