What canI do if my name was added to a Board of Directors for a corporation without my consent?

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What canI do if my name was added to a Board of Directors for a corporation without my consent?

I found out that my name comes up on a Board of Directors for a Home Owner Association incorporated in TX. I did not give consent to be on this Board initially or otherwise, verbally or written. This Board is responsible for management of a group of townhomes. I worked for the owner of the townhomes under a different corporation as an office assistant. While googling on the internet today, I found my name affiliated with this townhome association. What can I do?

Asked on August 29, 2010 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should send the townhome association a registered, return receipt letter (or a fed ex letter; keep the tracking info) indicating that you are not on the board and have  NEVER been on the board. If there's an email address, email said letter as well, ideally using one of the email tools that let's you prove or track delivery. The letter should also demand that they take your name off all websites, documentation, etc. If they don't, you can then discuss with an attorney whether it would be worth it to sue them to force them to delete you; but in the meantime, as quickly as you can, you want  to create a demonstrable paper train that you are not in this position, have never been in this position, and have demanded that the home owner's association does not try to cast or define you as in this position. Good luck.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to write a formal letter to the Board of Directors themselves of the Homeowners Association and advise them exactly of what you have said here: that you have never applied nor been appointed or elected to the Board of Directors and that you do not wish to serve on the Board in any capacity.  Advise them that if in fact the Board or the HOA has incurred any liability to which you could have been - or could be in the future - held accountable that you expect indemnification given their error in listing you in this capacity.  Ask them to remove your name "forthwith" and provide you with the necessary documentation indicating such.  Also ask for a copy of their liability insurance covering the Board in effect for the time period that you were incorrectly loisted.  Good luck.


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