No One Likes Goodbyes


Lake Lindero Homeowners Association, Inc. v Barone


Denise Iger, Esq. Iger Wankel & Bonkowski, LLP


Finding enough people to run for the board can be a real challenge for many associations. But Lake Lindero Homeowners Association,


Inc. apparently cannot relate to that problem.


Instead, too many people are trying to get on the board, including some who just don’t know how to say “goodbye.”


Lake Lindero Homeowners Association, Inc. v Barone, a recently published appellate case, recounts a tale made for reality TV. Defendant Barone was a volunteer director but, in an unusual move, in December 2018, he resigned from his volunteer board position and accepted paid employment as the Association’s CEO. The board was served with a valid recall petition almost a year later. Rather than set a date for the recall election and send a notice to the members, the directors ignored the petition.


One of the petitioners sent a notice of the special meeting (to conduct the recall) to the Association’s 459 members, as was his right since the directors in office failed to do so. The petitioners also took it upon themselves to conduct the election, again because the current board did not take any action. The


30 September | October 2023


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