Dealing with problem member

BACKGROUND:

Our Board recently modified our parking plan to become compliant with our CC&Rs. A draft of the proposal was sent to each member along with a notice of a hearing (feedback from the membership) on the proposal on Oct 1. This same draft and notice was placed on the website on Oct 3. Additional notices of the hearing was sent on October 12 and October 24. Hearing was held on October 26. Based on the Hearing, minor modifications were done and the plan was adopted at the Board meeting held Nov 10. Copies of the adopted plan was sent to each member on Nov 14.

The section of our CC&Rs applicable to the parking is (we are a town home development):
Parking Rights: Ownership of each Lot shall entitle the owner or owners thereof to the use of automobile parking spaces (not to exceed two per lot) as designated by the Association. These parking spaces shall be as near and convenient to said lot as reasonable, together with the right of ingress and egress in and upon said parking area.

Why was this change done:
The Board located a parking plan drawing dated 1987. However, there was no documentation that the plan was adopted. Therefore, the Board chose to create a parking plan resolution to formalize a plan and provide documentation of compliance with the CC&Rs.

In modifying the 1987 drawing, the Board initially documented where people were actually parking vs. what the drawing said. The next step was to look at the parking spaces and see if they complied with the CC&Rs (i.e. being as near and convenient to said lot as reasonably possible). Based on this requirement of the CC&Rs, the Board talked to the owners of lots 3 & 4 and shifted the parking so the assigned spaces were closer to those lots (see attached word document).

Today, Dec 2, I received a call from a member (lot 5) and spent 30-40 minutes listening to the member complain that the guest parking that was next to their space was moved. They claim that they never received notice of the hearing or a copy of the plan prior to the final approval. They want the guest parking moved back. They see the location of the guest parking as unfair and want it moved back to the way it was.

I responded that I was just one vote on the Board and did not have the authority to change anything without a board vote. I explained that there were empty seats on the Board and asked if the member would be willing to serve (they declined). I stated that I would place the item on the agenda for our January meeting and asked if they would like to attend, they declined but insisted that the space be moved back. I requested that since they are unable to attend that they write a letter or send an e-mail so each board member could have a copy when it was discussed at the meeting. They agreed and again insisted that this be changed back.

I wish to note that the member did not attend the hearing (which was also the annual meeting) and there were zero concerns raised at the hearing over this change.

I see three possible options available at the Board meeting:

1) Agree and change the assignments back
2) Disagree and leave the assignments as they are.
3) Form a committee of lots 1-5 and let them decide where they want the guest parking to be - and if no-one wants to be on the committee, then it's obviously not that big of a problem.

I know what I want to do. However, I also want to have an open mind and see if anyone sees other options available that should be considered.

Thanks,

Tim

Tim let me do you a favor since you can't post this response...It sounds like a personal problem to me. If you don't like the change then you need to take further action than just making a call outside of a meeting to address the issue. I would strongly suggest attending a meeting to address the issue amongst ALL the membership in attendance to state your case or ADJUST to the situation. We are a GROUP of owners who in MAJORITY agreed to adapt these rules. You are a MINORITY in that group. If your NOT getting our notifications, then make arrangements to do so in the future. We aren't in the business of catering. Have a good day!

Make you feel better? I've been there and feel your pain. Realize your dealing with a squeeky wheel and figure out the solution on how to deal with the noise or put some oil on it...

Tim,

I might be inclined to try your option #3 – and see what the 5 Owners come up with.

Or maybe tell them that the change will stay, be in effect for one a (1) year trial period. And then it will be re-evaluated. Maybe the new parking arrangement just needs getting used to.

Granted you already gave them plenty of opportunities to comment and give input. But sometimes people cannot visualize a change until they actually see it. Or until it goes into effect.

You also wrote that “the Board initially documented where people were actually parking”. Curious does the change you made reflect where cars associated with lots 1,2,3,4,5, were actually parking?

Tim - Nice Job! You've covered your bases.. as ususal. I take it that anyone can park in a visitor space so they also use that space as well.. Is this correct? You sent out all the notices and proposals, but they never contacted you during this period. That's unfortunate that they missed their opportunity, but I cannot empathize with them. It's just a visitor space. BTW- Over the years, we have found that owners have switched spaces on their own, but we only find this issue after the asphalt contractor restencils the curb block labels and then the homeowner starts complaining that we they want it changed back. Yes, the homeowners restenciled their own curb blocks for the reserved spaces. Who would notice? Sorry, I'm not changed the adopted plan every time that two homeowners get together and decide that they want to switch. Good luck and nice work! Good luck getting a committee together - Not a chance of seeing anyone volunteer for this committee.