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Subject: Changing CC&R's and Management Co.

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JoyceR
(California)

Posts:9

02/20/2006 4:09 PM
Our BOD is fairly new. We have been trying to educate ourselves with CAI tools, ect. Our current dilemma is 2 fold. a) Since our enlightenment we are wanting to pursue changing management companies. Our current management company does not embrace our knowledge and has now started to divide the BOD by not sharing information to all @ the same time. Question: Can our BOD meet in executive session to discuss new contracts from prospective management companies with out the current management company present? And when we meet to interview prospective companies is that considered an executive session? b) We have also discovered that past BOD and management company have not enforced 2 CC&R rules. 1. Garages are not to be used for anything other than parking 2 cars @ all times. 2. No business are to be run out of residents. There is a split in the BOD along with our current management company NOT to change the CC&R’s to allow both with guidelines. Such as: Businesses may be operated from resident with approval of BOD. In which we would have a form to be filled out. And also to relax the restriction on the garages. Question: Which is worse changing the CC&R’s or to turn a blind eye as BOD and management has in the past? Thanks JoyceR

RogerB
(Colorado)

Posts:3701

02/20/2006 5:48 PM
JoyceR, you can have an executive session at a board meeting at which you interview other potential management companies and not include details in the minutes. This keeps it private from your current MC. Your current MC is an invited guest at your board meetings and you exclude them from attendance at the board meeting. Regarding your question: "Which is worse changing the CC&R’s or to turn a blind eye as BOD and management has in the past?" An amendment to your CC&Rs may not get approved. I would consider other alternatives which could address serious violations. You may not become aware of some of these violations since many people now work out of their home. Also, what gives you the right to look into their garage and don't try to enforce a rule which has a good chance of losing at court. RogerB

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Forums > Homeowner Association > HOA Discussions > Changing CC&R's and Management Co.

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