BarbaraB10 (California)
Posts: 117
Posts: 117
Posted:
We are an age restricted HOA of over 500 homes in California and an all volunteer board.
Our January board meeting notice agenda contained nothing under correspondence; it was blank. During the meeting, 2 letters were announced as received. The secretary read one and summarized the other. There was discussion on both. Another board member interrupted, stating that they were not on the agenda and should not be discussed. The request was ignored and the board continued discussion. Both letters are documented in the draft minutes as received and read during the meeting. Both letters are summarized in the draft minutes under correspondence.
While requesting copies of the Jan meeting minutes, I also asked for copies of both letters. The board president was in the office at the time and told me I could not have copies of the letters. He stated that he felt I was 'up to something' and was perhaps gathering info to sue the board/HOA. I stated that I was concerned that the board operate within the bylaws & CA laws (4 day notice, board member debate in response to owners in the owners forum & board discussion of items not on the agenda during the owners forum, etc) which have been the foundation for many of my comments in the owners forum, I have no intention of suing and that I wanted copies for my records. I was still denied. I obtained a copy of letter A from one resident and could ask the other for a copy of letter B.
Letter A was a compilation of board member goals for future years - a resident polled the board individually and composed the list/letter.
Letter B was a request to reconsider late fees/lien amount on an existing lien. While letter B could be considered part of potential litigation (and legitimate denial of my request), both the owner and board president have stated a desire to discuss the issue in an open meeting as indicated in other board meetings & incidentally outside of board meetings. The president told me a few months back that he felt the previous board acted too quickly to impose fines & lien without proper due process and communication - he expressed a desire to review this in 2012. The January minutes report a "letter received from (resident's name) requesting the situation & lien against her home be reconsidered".
There was no written request by me and no written response with denial from the president/board.
Was the denial of letter copies legitimate, reasonable and within the law?
Thanks
Our January board meeting notice agenda contained nothing under correspondence; it was blank. During the meeting, 2 letters were announced as received. The secretary read one and summarized the other. There was discussion on both. Another board member interrupted, stating that they were not on the agenda and should not be discussed. The request was ignored and the board continued discussion. Both letters are documented in the draft minutes as received and read during the meeting. Both letters are summarized in the draft minutes under correspondence.
While requesting copies of the Jan meeting minutes, I also asked for copies of both letters. The board president was in the office at the time and told me I could not have copies of the letters. He stated that he felt I was 'up to something' and was perhaps gathering info to sue the board/HOA. I stated that I was concerned that the board operate within the bylaws & CA laws (4 day notice, board member debate in response to owners in the owners forum & board discussion of items not on the agenda during the owners forum, etc) which have been the foundation for many of my comments in the owners forum, I have no intention of suing and that I wanted copies for my records. I was still denied. I obtained a copy of letter A from one resident and could ask the other for a copy of letter B.
Letter A was a compilation of board member goals for future years - a resident polled the board individually and composed the list/letter.
Letter B was a request to reconsider late fees/lien amount on an existing lien. While letter B could be considered part of potential litigation (and legitimate denial of my request), both the owner and board president have stated a desire to discuss the issue in an open meeting as indicated in other board meetings & incidentally outside of board meetings. The president told me a few months back that he felt the previous board acted too quickly to impose fines & lien without proper due process and communication - he expressed a desire to review this in 2012. The January minutes report a "letter received from (resident's name) requesting the situation & lien against her home be reconsidered".
There was no written request by me and no written response with denial from the president/board.
Was the denial of letter copies legitimate, reasonable and within the law?
Thanks