Show up or pay up! > HOA Forum

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Show up or pay up!

Prev Next

You are not authorized to post a reply.

Author

Messages

GeorgerwilliamsW
(Indiana)

Posts:767

08/23/2008 3:00 AM
Homeowners association to residents: Show up or pay up In an effort to get homeowners to attend an annual meeting, a Long Neck condominium association has threatened to fine homeowners $100 if they don’t attend or at least return a proxy. Bayshore Condominium Association President Tom Durkin said in order to conduct business, at least half of the 147 condominium association members must attend the annual board meeting, Saturday, Aug. 23. The July 29 letter states, “Please be aware that the board passed an official resolution. If you are unable to attend the meeting and do not return your proxy/ballot, you will be assessed a fine of $100.” http://www.capegazette.com/storiescurrent/200808/bayshore082208.html You know, I bet some people will actually think this is a good idea. Sad.

AnnaD2
(Florida)

Posts:386

08/23/2008 4:55 AM
Apparently that Board thought it was a good idea. Why not PAY people to come, rather than FINE them. Offer them something....free booze, or food or babysitting for the meeting.

GlenL
(Ohio)

Posts:1466

08/23/2008 9:07 AM
It could come back to bite them on the butt and get them voted off the BOD which may be their intention all along. While it is buried in the article they evidently have a Covenant that requires every H/O to attend the meeting or vote by proxy and most H/O's were in violation of it last year and the BOD is attempting to get them to comply. And since you mentioned in your other posting about how H/O don't bother to read the Covenants; I and I suspect most American's have never bothered to read ALL of the laws of the United States, their own State, their City/County or the Code of the Internal Revenue Service. That does not mean that we do not have to abide by them or can't be penalized for breaking them; even the ones we personally disagree with or think that are unfair in the extreme to us.

DonnaS
(Tennessee)

Posts:2946

08/23/2008 10:26 AM
George, I want to see a resolution such as that get past an attorney or Judge. You cannot force people to vote, show up (unless supeonaed) or have an opinion. You cannot fine them for the same reasons. I like Annas ideas much better by bribing them in a positive way. If I got a letter stateing that I either vote or show up, it would take me 5 seconds to get on the phone and call them on their bullying tactics. Now, I know and have dealt with owner apathy, having walked our subdivision for days to get proxies signed for a board member increase. I know how boards struggle to get meetings called legal because of quorums. I am aware of how many people don't give a rats butt to participate but you cannot force members in this way. I hope that this membership has enough courage to get that very illegal resolution removed. I'll even come up to help. Boy, that got my feathers all ruffled.

MaryA1
(Arizona)

Posts:2489

08/23/2008 11:18 AM
This a quote from the article: "Ginny Heier of CPR Property Management manages the Bayshore Community and typed the letter. “It was approved by the board. What people are failing to understand is that when they signed their covenants for the community, it states they are required to attend the annual meeting or vote by proxy.”" Frankly, I would have to see that provision in the bylaws to really believe it!

DonnaS
(Tennessee)

Posts:2946

08/23/2008 11:58 AM
Mary, I am somewhat confused. George wrote or quoted that the Board passed a resolution that requires attendance or pay a fine. Then we have this from Ginnys statement.---"What people are failing to understand is that when they signed their covenants for the community, it states they are required to attend the annual meeting or vote by proxy" So is it a Board resolution or was it in the Covenants. Maybe the Board resolution added the fine thing. I still would like to see the actual wording for the requirement to attend and is there an allowance for fining in their Docs. Otherwise the Board cannot add a fine because they think that it might increase presence at the meetings.

MaryA1
(Arizona)

Posts:2489

08/23/2008 2:57 PM
Donna, Ginny is the PM and, yes, her statement makes it sound as though it is stated in the gov. docs that the member MUST attend the annual meeting. As I said, I would have to see that in writing. PM's don't always know what they're talking about. She was talking for the board, so of course she is going to make it sound like the board only did what they are authorized to do, right? I just find it hard to believe that would be stated in the bylaws.

KirkW1
(Texas)

Posts:1190

08/23/2008 7:11 PM
So.... why not just send in the darn proxy?? I don't know if I like the whole thing. But when you get down to it, compliance is not a real burden. In my neighborhood proxies could returned via fax. I suspect you could also scan and email the thing. Or you can mail the thing. Where is the real burden???

MaryA1
(Arizona)

Posts:2489

08/24/2008 4:10 AM
Posted By KirkW1 on 08/23/2008 7:11 PM So.... why not just send in the darn proxy?? I don't know if I like the whole thing. But when you get down to it, compliance is not a real burden. In my neighborhood proxies could returned via fax. I suspect you could also scan and email the thing. Or you can mail the thing. Where is the real burden??? Why? Because people are just plain lazy. And many erroneously think there's is only one vote and it won't matter. Shoot, this is the mindset of a vast majority of the American public! How many vote in general elections, even with the privilege of sending in absentee ballots? Frankly, I wonder how many who request the absentee ballots even send them in!

KirkW1
(Texas)

Posts:1190

08/24/2008 7:10 AM
In Texas we now have early voting. More then half the votes cast are in person before polling day. For almost two weeks you can stop by a location and vote. Only once have I waited to vote beyond a single person ahead of me in line. And yet we still have no higher turnout rate. Apathy does in fact reign supreme. I recall in Boy Scouts we were taught that voting is not a right, it is a duty. Then again, most people don't want to hear a thing about duty.

DJ1
(Ontario)

Posts:460

08/24/2008 3:58 PM
How I would answer to a fine being levied....I sent in the proxy, didn't you get it? ....unless the HOA wants to pay to reimburse HO's for registered mail or something there is still an implementation issue here.

SheliaH
(Indiana)

Posts:92

08/24/2008 4:18 PM
I can relate to owner apathy, but this is ridiculous - can you imagine how noisy that meeting will be (everyone screaming over the "fine" - assuming they don't think "well, I won't show up and I DARE them to fine me!) Instead, offer homeowners a $100 gift card if they do show up - only those current with fees are eligible to win (in our HOA, they'd be the only ones eligible to vote anyway). Announce the winner at the END of the meeting and require the resident must be present to win. Perhaps a local business will even donate the gift card.

JohnK3
(Pennsylvania)

Posts:564

08/25/2008 8:49 AM
As a Chicago native, I appreciate the concept of $$$ for votes, but don't support it. Nor do I support fines for those not interested in exercising their franchise, and highly doubt such a sanction would stand up to judicial scrutiny and/or the HOA's vox populi. $100? Why not $500 or a cool $1k? This clueless Board ought to be recalled tuit suite (sp) (as in, very quickly) (been awhile since I took francais lessons).

KirkW1
(Texas)

Posts:1190

08/25/2008 11:58 AM
... This clueless Board ought to be recalled tuit suite (sp) (as in, very quickly) ... I think they would appreciate this action. Their problem is that last year they didn't have a quorum. If they resorted to this they quite possibly would welcome removal from office.

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Show up or pay up!