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Subject: Board decision or not
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Author Messages
MaryannC1
(Pennsylvania)

Posts:13


10/16/2018 3:41 PM  
Over 20 years ago our board of directors had a security gate installed. Many people bought in here knowing about this gate and being a reason that they bought here. Some of the directors on our newest board do not want the gate as it is vandalized frequently. The culprits are always caught and are made to make restitution. These new directors claim it is not an amenity as it's not listed in our by-laws. At our recent general membership meeting, the members stated that they want the gate and that the board can not decide to do away with it. Our case is that the board represents the membership and the membership should have a say in the matter. It was also voted on in last year's general membership and the consensus was that the gate should stay. The board is supposed to represent the whole membership and not their own personal views. Does the membership have any say in this matter?
MelissaP1
(Alabama)

Posts:8287


10/16/2018 3:58 PM  
Yes they do. Here's an idea. If it's missing from the documents the HOA is responsible for keeping a security fence, then modify the documents to include it. Just follow the process to modifying your CC&R's or By-laws to include this. That takes a majority of owner vote over board most of the time.

Former HOA President
MaryannC1
(Pennsylvania)

Posts:13


10/16/2018 4:02 PM  
Thank you for your reply! I understand what you are saying but we would have to have board approval and then membership approval to do this. I'm not sure if this board would go with us on this. But, it's something that I will research!
SamE2
(New Jersey)

Posts:117


10/16/2018 4:25 PM  
I believe the membership had their say when they voted on the Board. The Board is tasked with doing what they think is best for the Association. For instance if the membership didn't want to raise the dues to fund the reserve account the Board should still raise the dues to fund the reserve account. Unless the documents require the gate it is up to the Board.
RichardP13
(California)

Posts:3648


10/16/2018 4:45 PM  
The gate and its components should be in the reserve study. It is an asset of the corporation. Without a vote of the membership, it should not be removed.

Been there, Done that
LetA
(Nevada)

Posts:711


10/16/2018 5:11 PM  
Is this a gate that vehicles drive through to enter and exit the community??? My HOA installed shark teeth on the exit and entrance gates because people were impatient and pushed them open with their cars. Once the shark teeth was installed it began claiming front bumpers of people that tried to ram the gate.
AugustinD


Posts:1765


10/16/2018 5:28 PM  
Posted By MaryannC1 on 10/16/2018 3:41 PM
Over 20 years ago our board of directors had a security gate installed. Many people bought in here knowing about this gate and being a reason that they bought here. Some of the directors on our newest board do not want the gate as it is vandalized frequently. The culprits are always caught and are made to make restitution. These new directors claim it is not an amenity as it's not listed in our by-laws. At our recent general membership meeting, the members stated that they want the gate and that the board can not decide to do away with it. Our case is that the board represents the membership and the membership should have a say in the matter. It was also voted on in last year's general membership and the consensus was that the gate should stay. The board is supposed to represent the whole membership and not their own personal views. Does the membership have any say in this matter?


Hi MaryannC1, if the HOA's governing documents do not list the gate as an amenity that the HOA is obliged to maintain, then I believe the vote at the annual meeting does not count for anything but input to the board. As a matter of law, I suspect the decision at present is likely entirely the board's. The board is supposed to do what it think is best for the welfare of the HOA, regardless of what members say.

I can appreciate that you say the culprits who vandalize the gate are always caught and have to pay for its repair. But are they paying for the time it takes HOA staff to take care of this? Some options for you:

-- Perhaps for now it would be best to suggest that the board charge the culprits more, to pay for /all/ the labor that goes into catching them and fixing the gate.

-- Throw the bums out of office and run for the board yourself with like-minded people. When is the next election?


-- Petition for removal of all the directors. See what your Declaration and Bylaws say about this.


I believe security, and especially gates, are a leading selling point of HOAs and condos.

MaryannC1
(Pennsylvania)

Posts:13


10/16/2018 5:40 PM  
Thank you, Augustin! My husband recently resigned from our board after being elected every time he ran. Total nonsense with the chairman and even our attorney resigned saying the board was dysfunctional. Anyway, 3 new board members were elected and they are a group that has their own agenda. I guess we'll have to see if we have any recourse.
MaryannC1
(Pennsylvania)

Posts:13


10/16/2018 5:43 PM  
Augustin, you have a good point in that the security gate is a selling point! Thank you! I will be mentioning that at the next meeting!
AugustinD


Posts:1765


10/16/2018 5:53 PM  
Posted By MaryannC1 on 10/16/2018 5:40 PM
Thank you, Augustin! My husband recently resigned from our board after being elected every time he ran. Total nonsense with the chairman and even our attorney resigned saying the board was dysfunctional. Anyway, 3 new board members were elected and they are a group that has their own agenda. I guess we'll have to see if we have any recourse.


Given all the people unhappy with the gate, one would think people would step up to replace the present board. If apathy is so bad that they will not, but instead prefer to just kvetch, then it might be time to move.

Whoa, the attorney split? I'd say that is one of the more respectable attorneys about whom I have read about here at HOAtalk.com .

If the board got rid of the gate that protects my HOA, I think people either would move out in droves or at least give the board such a hard time that it reverted back to having a security gate.
KerryL1
(California)

Posts:6402


10/17/2018 9:08 AM  
Even if the gate is listed on reserves, the owners pebbly have no vote on whether it stays or goes. Our board has removed several components from our reserves studies after consulting with our reserves analyst.

We have over 100 reserves components and our CC&Rs do not mention many that the association is obliged to repair including any gates.

Still owners can attend meetings, write a letter signed by a lot of them, etc., to put pressure on the Board to keep the gate.
AugustinD


Posts:1765


10/17/2018 10:45 AM  
Posted By KerryL1 on 10/17/2018 9:08 AM

We have over 100 reserves components and our CC&Rs do not mention many that the association is obliged to repair including any gates.


The above is interesting. The company that has done the last few reserve studies where I live pointedly went through the CC&Rs to determine what should be included in the study. Emphasis of course was on anything deemed a "common element." The board and I think HOA attorney had some input, but only insofar as interpreting what the CC&Rs said was the HOA's responsibility to maintain.
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