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CharlieS
(Tennessee)

Posts:21

07/19/2008 6:17 AM
Hello Everyone! Ok from my previous post I have learned my BOD are not doing things correctly. On top of that they got passed "Proposed By-Laws" which in case of conflict out rules our CCR. If our BOD had a mission statement it would read "We the BOD would like to run this HOA with as little involvment from the homeowners. We will ignore their request because they are just trying to slow us down. After all we are the BOD and we know what is best! Ok a little humor there but sadly accurate. My board calls a meeting, when we do not have quorum they adjourn and call a second meeting right then and there. I have posted parts of my by-laws before and overall the response is they should not be doing it that way, close but not quite. Secondly they refuse to have a written proxy or a ballot. We have brought this up at each meeting and it is discussed, everyone in attendance is for it but nothing happens. They always say we already have proxy voting. The problem is the notice of the meeting NEVER states we are voting on this issue. I started sending out emails and talked to several neighbors, any one that responed or called me agreed with me. BUT, they are also the type who really don't want to get involved. They will not stand up in front of a group of people and talk either. I have sent three emails and the BOD response ingores my issues but they make a general statement stating I really do not understand. I WANT TO CHANGE ALL THIS!! I would like to get on the board when this fall rolls around. I would like to gain support and trust of my neighbors now. I think that most people want a change but they do not want to get involved. They would support me but they don't want to go to the meetings. What is the best way to get my point across. I do not feel the emails work. I plan to do one more message to the homeowners, I will direct mail to each home and explain how I feel the BOD is not following the CCR's. I will tell them I will run for President in the fall and then drop it until the fall. Before the election I plan to mail out a flyer to vote for me along with a ballot they can send back to me if they want me to place their vote for them. Is there something I could be doing better? Charlie

SusanW1
(Michigan)

Posts:2183

07/19/2008 6:57 AM
Charlie - your post is a bit confusing with the "we, they, and my" stuff. I'd say the best thing to do to get elected is to stop telling stories and tell them what and how you will act for them (the residents) if you are elected. Focus on the issues. Don't get personal. Don't "list" the "sins" of the board - rather simply tell the voters YOUR platform, i.e. make sure bylaws and CCRs are in compliance with one another. Make sure residents are fully aware of Board activities, etc. You said yourself that most folks don't want to attend meetings. If you already know that all you can tell them is that you will act in their best interest and always let them know what, when, how and how much is being done for them. Good luck. Keep down the controversy and scale up the SERVICE aspect of your campaign.

EllenS1
(Florida)

Posts:353

07/19/2008 7:37 AM
If your docs are like ours you wouldn't be running for president but to serve on the board. The president has no more power than the other officers so that shouldn't be a problem.

KirkW1
(Texas)

Posts:1145

07/19/2008 7:48 AM
The way to ensure you are elected is to write up a proxy statement. It is really just a statement assigning the vote to another person. If you are at a total loss, I will see if I still have a copy from our last election that I can scan in. After you have say about 20 copies of the proxy with your name filled in go out and start knocking on doors. Tell the people that you wish to represent them at the annual meeting. My experience is that most people will either: gladly sign the statement, or tell you they will be at the meeting. It is not worth worrying about the second group. Less then half will actually show up, but they won't sign the proxy. If you run out of proxies, then create more. The more you have the better your chances. You might be shocked to realize how few votes it takes to swing the election.

BruceF1
(Connecticut)

Posts:594

07/19/2008 7:58 AM
Posted By KirkW1 on 07/19/2008 7:48 AM The way to ensure you are elected is to write up a proxy statement. It is really just a statement assigning the vote to another person. If you are at a total loss, I will see if I still have a copy from our last election that I can scan in. After you have say about 20 copies of the proxy with your name filled in go out and start knocking on doors. Tell the people that you wish to represent them at the annual meeting. My experience is that most people will either: gladly sign the statement, or tell you they will be at the meeting. It is not worth worrying about the second group. Less then half will actually show up, but they won't sign the proxy. If you run out of proxies, then create more. The more you have the better your chances. You might be shocked to realize how few votes it takes to swing the election. Charlie has already said above they refuse to accept proxies. We don't know if proxies are allowed in the documents or not.

KirkW1
(Texas)

Posts:1145

07/19/2008 9:56 AM
Just because the board doesn't supply a proxy form, doesn't mean you can't create your own. But he may need to get a lawyer involved anyway. I don't think you can amend a bylaw to conflict with the CC&Rs. That would effectively make the CC&R's pointless. It would at least appear that his board doesn't care about the law and/or thinks it is clever enough to work around it.

MaryA1
(Arizona)

Posts:2259

07/19/2008 10:12 AM
Kirk, Bruce is right, we don't know if proxies are even allowed. But, even if they are, if the board won't accept them, gathering them will be a wasted effort. Is Charles prepared to go to court over this? As far as making up your own proxy, if the board doesn't supply one -- I would never advise that. The board may decide not to accept any proxy except the one they've supplied. It's apparant the board doesn't know what the laws are in regard to proxies, but, as I said earlier, they have the final say unless Charles is prepared to take legal action. I think Susan offered very good advice. Charles should draw up a statement indicating what he will do for the members should he be elected to the board. Forget about all his complaints with their actions and focus on what he will do as a member of the board. Also, while he's out and about speaking to the members of the assn he should try to make them see that their presence at the meeting is really critical. Especially since the board has a history of not accepting proxies! He should try to make them understand that if they really want change they're going to have to get up off their duffs and show up at the meeting. He can only do so much -- he's running for a position on the board. It's up to the members to show up and cast their votes for him.

CharlieS
(Tennessee)

Posts:21

07/19/2008 12:07 PM
Great Advice, We do allow proxy voting, we are a young association and people do not understand the proxy and the board will not explain the process. The other problem is the board never puts any notice of a vote in the notice for the meeting so we cant really vote in advance anyway. I do plan to go house to house and get them to sign proxys for me. I really do feel like I am fighting for the whole neighborhood. You should not have to attend your meetings to know what is going on, at least that is how I feel. Charlie

CarolF
(Florida)

Posts:33

07/19/2008 1:35 PM
Charlie - I'm a little confused, but I didn't see your first posting. When you say "the meeting" are you referring to an annual members' meeting or a special members' meeting called for a specific purpose. You don't expect to have everyone voting on everything that takes place at a regular board meeting, do you?

CharlieS
(Tennessee)

Posts:21

07/19/2008 5:56 PM
Hello CarolF, It was the annual meeting. This was only our second annual meeting. Our CCR clearly states our dues were to be $50 a year and no more then a 5% increase without 3/4 approval of the Homeowners. At the first annual meeting the board said for our first year they would need $120 per lot to help us get started. Sounded ok to everyone. The next year I expect the amount to go back to around $50. All we have is a common area that is mowed and an entrance sign. Part of the $120 was for insurance for the common area, as of today nearly 2 years later we have never had insurance. When the annoucement for the annual meeting came out there was a spread sheet with no clear amount per lot. We have 51 lots but the board says people who own more then one lot only have one vote. If no home is on the lot they have no vote. I did not know how much I was expected to pay because I did not understand how many homes were going to pay. It did not matter because at the meeting they bumped up the amount above the proposed and it shot to $180. I do not expect everyone to vote. I do expect the BOD to be smart enough to state how much each lot will be expected to pay. We should have been given an amount to send a vote in. Our BOD will not send out ballots nor have they ever made it clear what is to be voted on. Charlie

SusanW1
(Michigan)

Posts:2183

07/20/2008 9:34 AM
Charlie - raising membership fees is a BIG step and the entire procedure should be outlined in your Bylaws or CCRs. Your fees have gone from $50, to 120 to 180 and you seem confused as to how it all has happened!! Ask for a sit-down with the Treasurer and ask about HOW fees are increased and how many offical "members" there are that support this HOA. You also need to see the annual budget to get a feel as to WHY these fees keep rising. Educate yourself!!!!

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