Newsletters

JM

Generally all owners have the right to attend BOD Meetings. Now do understand that right might be to attend as an observer only as in not allowed to comment/speak unless there is an open comment session.

If as you say, all others are on the Email list and know when the meetings are why does not anyone care to inform you?

One board director claims we have taken money for our personal gain from the HOA. Actually, the current board blames my husband for all the problems with the previous board. He was not the president or the secretary.

No one wanted to get involved when my husband had the door slammed in his face although they used to come knocking at our door whenever they had problems before.

I'd say people don't want to get involved. We only have 10 units.

Sound advice.

Did you ask for a meeting outside of a board meeting? to me this is a lets meet at a neutral location, grab a drink and figure out why the heck things aren't working out.

There are three types of boards in my opinion:

1. Cave to anything board, you throw the mere thought of a lawsuit at them and they will do anything.
2. Dig in our heels and tell you where to put it board.
3. The board that plays it by the book.

you unfortunately have #2, you need to find out what you ideally want and then figure out the best way to get there.

You're funny Brad.

We'd prefer #3.

It's stupid that we pay an assessment and can't even attend meetings. I think the board was hoping we were like #1 and threatened us with fines (for violations which they couldn't find a code for).

We asked for a meeting. They declined and ignored us until they got served.

Our next court date is in February. We also should be meeting with a professional mediator.

They won't tell us who the president, treasurer or secretary is. The lead person seriously hates us. Can't even speak to us politely. Their hate (the couple) is incomprehensible.

The board is taking us to court for spurious claims that makes our lawyer laugh.

So yes, we've asked. We asked the other two board members, but then learned they were lying to us about not knowing the date of the next meeting. Then we asked for mediation. That was refused. So finally, we took them to court. Now not only do we not know when meetings are, we are not given the newsletter. They won't admit they are wrong.

How pathetic is it that they won't even give us the newsletter?

Asking for advice from other people who may have experienced similar situations isn't whining. Doing nothing and complaining is whining.

I just read an old thread about a personal vendetta. That's pretty much what we have here.

While I am JOHNC46 and no need for me to defend JOHNB26, I do think many come out here not really asking for advice (as in here is the issue and I am asking for advice) but telling us how they have already handled it and why they did so as in looking for agreement not advice.

Also some are complainers/whiners by nature. They would complain splitting a $100 million lottery with another ticket holder....LOL

Yes, I used to sit next to a whiner at work and it was depressing. That's what earphones are for. ;)

I just wondered if other people had this problem and what they suggested. We did, as someone else suggested, attempt to handle it informally (just apologize and invite us to the next meeting) and that didn't happen.

The newsletter was the latest addition. By preventing us from seeing the newsletter, we also were kept from being involved in the nomination/election process.

We were looking for a legal angle (aside from arbitrary and capricious rules).

Reading the problems other associations have make the problems we have look like a Sunday School picnic.

We don't have newsletters, but we post the regular Board meeting on the calender by the entrance.

We don't post special Board meetings, but do leave the door open. We have been accused of having "secret meetings". We have had a few executive sessions dealing with personnel problems.

JM, unfortunately when dealing with recalcitrant people you sometimes have to keep beating them over the head (figuratively not literally) to bring them into compliance. Davis-Stirling applies whether you have 10 units or 10,000 units and as a member you have a right to attend the meetings and the Board must post an agenda 4 days before the meeting giving the date and time of the meeting and if they are using to newsletter to do this, then yes they must include you.

I whole heartily endorse Brad's option but if they are unwilling to meet, your only option may be the courts. You can also distribute your own newsletter with your side of the matter citing the relevant sections of DS and ask your neighbors what the Board has to hide. You might also inform the Board that their D&O insurance won't protect them if they knowingly & willfully violate the law.

Civil Code §1363.05. Open Meeting Act.

(a) This section shall be known and may be cited as the Common Interest Development Open Meeting Act.

(b) Any member of the association may attend meetings of the board of directors of the association, except when the board adjourns to, or meets solely in, executive session to consider litigation, matters relating to the formation of contracts with third parties, member discipline, personnel matters, or to meet with a member, upon the member's request, regarding the member's payment of assessments, as specified in Section 1367 or 1367.1. The board of directors of the association shall meet in executive session, if requested by a member who may be subject to a fine, penalty, or other form of discipline, and the member shall be entitled to attend the executive session. As specified in paragraph (2) of subdivision (k), a member of the association shall be entitled to attend a teleconference meeting or the portion of a teleconference meeting that is open to members, and that meeting or portion of the meeting shall be audible to the members in a location specified in the notice of the meeting.

(f) Unless the bylaws provide for a longer period of notice, members shall be given notice of the time and place of a meeting as defined in subdivision (k), except for an emergency meeting or a meeting that will be held solely in executive session, at least four days prior to the meeting. Except for an emergency meeting, members shall be given notice of the time and place of a meeting that will be held solely in executive session at least two days prior to the meeting. Notice shall be given by posting the notice in a prominent place or places within the common area and by mail to any owner who had requested notification of board meetings by mail, at the address requested by the owner. Notice may also be given by mail, by delivery of the notice to each unit in the development, by newsletter or similar means of communication, or, with the consent of the member, by electronic means. The notice shall contain the agenda for the meeting.