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Subject: Returning Power to the HOA (members)

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FrankD
(Arizona)

Posts:10

06/02/2006 8:05 PM
If some of you have read my other posts you know that we here in our community are dealing with a Board that is very negative toward HOA Member input.I'd like to change that. Does anyone see a problem with removing the absolute athority of a board and allowing the HOA members present at a general (monthly) meeting being allowed to vote on motions before the board? I believe this would get more people involved in our HOA as it is now the only time an owner is allowed to vote on ANYTHING is at the annual meeting to elect board members. According to our President, we are not even allowed to submit proposals to the board, they must be submitted to the board through a board member and that doesn't seem right to me. I look forward to your opinions and suggestions.

RogerB
(Colorado)

Posts:3726

06/02/2006 8:48 PM
Frank, I don't believe your By-laws will allow members to vote at a Board meeting. Furthermore, I don't think that would be a functional method of operating a corporation. If a sufficient number of members want more input and the Board will not accept their input there are two options. 1) Have more member meetings, they can usually be called by 20% of the members; or 2) Replace those Board members who will not accept members input or have open Board meetings.

Roger Borcherding Official HOATalk.com Sponsor DARCO Property Management (Colorado) (303) 925-0150 *See legal notice below (end of page) or go to www.hoatalk.com/legal

JulieS
(Georgia)

Posts:412

06/03/2006 6:26 PM
The board of directors are elected to make decisions on behalf of the association. If you want to be a decision maker in your neighborhood, I would suggest running for the board in your next election. If the association was required to have a majority vote of elegible members, nothing would ever get done. We hold 'town hall' meetings when needed to help keep the community informed and to allow residents to bring up suggestions and voice their concerns.

SwanB
(Washington)

Posts:194

06/04/2006 9:28 AM
If you want to return power to the members, then why have a board? You cannot have one and the other and work efficiently. A board exists for a reason and, in your case, I would suggest getting active on the board and making changes from within. You need a responsive board which listens to its membership but isn't tied up in knots and unable to perform its duties.

BrianB
(California)

Posts:1748

06/04/2006 5:04 PM
having the membership vote on every item is asking for huge troubles, let alone probably against the by-laws. I can easily see 20 people showing up for a meeting, and six people voting to lower dues. Five vote against it, and 11 abstain or don't cast votes. So, you lower dues (majority wins). THen, next month, 20 different people show up, see that the lowered dues can't pay the landscaping bill, and all vote to raise dues. Now, dues are raised. Then, no one comes, and three people vote to have a party with the excess dues money. All three go to Florida for a week, and have a blast. Even America is not a democracy, for a reason... majority rules is not the way to run a business, government, country, etc..

DorothyH
(Florida)

Posts:23

06/04/2006 8:14 PM
The Association must be run according to your legal documents. Most Boards are resposible for running the affairs of the Association. Your Bylaws and Restrictions should spell out the voting rights of the membership . DorothyH.

PaulM
(Pennsylvania)

Posts:1347

06/05/2006 5:19 AM
Frank, if you address your Declaration & Bylaws, you will see that the Executive Board does have absolute authority and power, however, a reasonable board and a good Board leader will use his power wisely. Further, the Board does not have to allow members present at THE EXECUTIVE BOARD meetings, but they do have the option to do so if they choose. Mostly, they choose not to. Our community has just instituted an 'Action Form' for residents to write their concerns WITH A POSSIBLE SOLUTION. They are to send the form to the Manager who will then forward it to the Board or the Committee to which the concern pertains. This is a professional way of handling residents concerns. Good Luck to you.

JoyceS1
(Indiana)

Posts:107

06/05/2006 9:38 AM
PaulM Could you share the "Action form" with those of us on the Forum. That sounds exactly what is needed in our community. I would be interested in adapted your concept to one that would fit our community. Thanks.

JohnM3
(Florida)

Posts:208

06/12/2006 9:36 PM
At the end of every board meeting we have ,"HOME OWNERS CONCERNS" every body 1 person at a time gets to talk about anything under the sun but for 3 minutes only no one else can talk until it is their turn period. We use an egg timer period. Argue with it. It always wins We have operated like this for the past 10 years and it works very well. During the business portion of the board meeting only the board can speak that is our rules key word our rules. This nonsense of we are a democracy is okay to say but the reality is we are a business that conducts business and the board members time is just as important as the members time. That why concerns are at the end of the meeting.

HaroldS
(Arizona)

Posts:904

06/13/2006 8:57 AM
Well John - It's a good thing you aren't in Arizona with your attitude "This nonsense of we are a democracy". Arizona law now allows member input of their views during discussion of an issue at the time an issue is being contemplated by the board. Not before the meeting starts nor after the meeting ends. You might be running a "business" but it is your members who are footing the bills. It is board members with your KMA attitude that is helping to fuel the anti-HOA growth. Harold

GeraldT1

Posts:0

06/13/2006 10:57 AM
FrankD - I agree with BrianB. Additionally, there could be devastating consequences of removing the absolute authority of a board and allowing the HOA members present at a general meeting to vote on motions before the board. First, this scenario would only work if your governing documents were dissolved, the old board removed, and new documents ratified. I'm sure the docs currently outline the powers and duties of the board. Second, all unit owners would need to be provided advance notification and all the supporting material relating to the motions to come before the board for their opportunity to attend and vote responsibly. How many owners are in your HOA? Who is going to pay the administrative bill for the mailings? Third, you'd have to get a quorum of the community or 2/3rd's depending upon the subject of the vote for each meeting. This scenario is next to impossible, which you've proved. Because if people are not involved in your HOA now, what makes you think more responsibility (voting) will make them come out to participate. Human nature, unfortunately leads to apathy. It's hard to get a quorum of a board to ratifiy something, let alone a community. It seems to me the only way your HOA is going to change is with a united community prescence at meetings. Your attempt to accomplish this first will be an indication of things to come. I applaud you for thinking of a method to gain owner interest. But I do question, and would not recommend the path you've written. GeraldT1

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