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ChrisB4
(West Virginia)

Posts:175

11/27/2007 7:18 AM
The situation: We have two members (of a 5 member Board) of the same household serving on the Board as President and secretary. their neighbor and good friend is the treasure. They sit around in each others homes and basically dictate policy from the kitchen table. There is very little debate at our public meetings since they have already made most of the decisions that affect our community in there conversations outside our meetings. Anyone that apposes them is labeled a trouble maker and the secretary puts out her own newsletter calling those that disagree with their point of view "isolated trouble makers". When the newsletter committee put something that questioned Board policy, the Board (the three i'm talking about) forced the Committee to recant their statement or the Board would remove them. The second issue is the fact that the Board has taken to calling virtually every meeting they have an "executive session". This means they don't have to share their minutes with the community, and as a mater of fact their not even taking minutes, something they are required to do. The residents are FINALLY fed up and 25 of us met to discuss what to do about it. We decided we would amend our By-Laws following the amendment proceedure established within our By-Laws. All I want to know is do your By-Laws have stipulations for Nepitisim and/ or Executive session? I have checked State law, I have talked to the States attorneys office, the Secretary of State's office and 2 of my local county commissioners and there is nothing at those levels of government that will help us restrain our Board. The bottom line is our By-Laws are the only document that will do this. I have some ideas on what the two amendments should say, but I thought I would see if anyone else had already had these rules spelled out in their By-Laws. Thanks

DonnaS
(Tennessee)

Posts:2832

11/27/2007 7:36 AM
Chris, The first thing that you need to do is to gather as many other members as possible and get all 3 of the BOD members that are guilty of this gross misuse of power, recalled. You will need to check your documents to see if 2 members of a family can be on the same board. And check how to do a recall according to your State Statutes. The "use" of Executive Sessions is bogus and you other Board members need to call them on it. Thar is why you will need other member support. We read this happening all too often and it amazes me that other members of any association take this sitting down. Go Get Um!!

BarbaraM7
(Virginia)

Posts:86

11/27/2007 7:42 AM
ChrisB4, We don't have anything on nepitism. We do have something on Executive Session, or Special Meetings, that state: Special meetings of the members may be called at any time by the president or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the membership. I think it would be a good idea to limit the time a Board member could serve. We have two Board members that have been on for 14 years, and the fact that they don't know the CCR's and By-laws is a good indication of how decisions are made. But at least they aren't friends, so even they disagree at times. Amending the By-laws is going to be work. We have a statement that Board members can be removed from the Board, with or without cause, by a majority vote of the members of the Association. We also have listed in our By-laws under Article VII - The Powers and Duties of the BOD and Article VIII - The Officers and Their Duties. Do you have anything like that?

ChrisB4
(West Virginia)

Posts:175

11/27/2007 9:12 AM
Donna, We have already brought together a group of people. As many as we could, as I said, about 25. At our meeting we agreed from that 25 we would work on bringing in more. As far as getting members recalled, one of the issues we face is the controlling interest on the Board, controls the Board. The go even further than that by putting out their own newsletter that fabricates lies and distorts the truth and makes unfounded and baseless accusations. The homeowners are left looking like they are reacting to the problem and not acting. The homeowners in the dark see the "group" that has already been labeled troublemakers in the Presidents and secretary's "newsletter" as being upset not because they are concerned about our community, but upset because of how they were portrayed in the newsletter. Our By-Laws stipulate a special meeting process with quorum. In my community thats 222 of 368 homes the first meeting dropping by 1/2 at each subsequent meeting. Were lucky if we can get quorum the third time around. That means that because the president has the power to set meetings, he can set each meeting 45 days from the time that it was requested. So if it takes a month to gather the sigs in a petition to call a meeting the president can set each meeting out 45 days thus 45 x 3- 135 days if it takes 4 meetings your talking about 6 months to get a vote!! The proxy rules here are also pretty tough. A homeowner can only carry one other proxy from other homeowners. Thus I can go out and collect 20 proxies to help make quorum. I am very fimilar with our rules which is why were trying to change them!!!

PaulM
(Pennsylvania)

Posts:1347

11/27/2007 9:31 AM
ChrisB4: You need to refer to your official documents/bylaws regarding the minimum number of association meetings to be held. Usually it is 1-meeting annually for election of new Board members and approval of the new year's budget. If your documents state that more member meetings are to be held, then that is the basis for your argument and your focus. Also refer to your state's official docs for Associations. You can find it on Community Assoc. Network, in yellow to left of this page; key in your state and look for the text on holding meetings.

SusanW1
(Michigan)

Posts:2171

11/27/2007 12:15 PM
Our bylaws say that one person per household is considered a "voting member". And one member per household is eligible for Board position. Executive session minutes are supposed to be confidential, however, most Boards don't go into ES untless it's to discuss disciplinary, staff or legal problems. The minutes from these ES session are confidential, however, the results of them are not necessarily. (example, if the ES voted to oust a member, the public would know about it eventually) The General Membership can vote by a majority for the Board to release the minutes of the Board meetings, but not ES minutes. You don't say who else is on this Board, but I have never heard of 3 people isolating themselves to run an organization. Are all other positions on the Board filled. If not, they need to be. Look in your bylaws on how to call a Special Meeting to discuss the Board's behavior and consider a recall of those officers.

SusanW1
(Michigan)

Posts:2171

11/27/2007 12:17 PM
I just read your other post - are you saying ONLY the president can call a Special Meeting?

ChrisB4
(West Virginia)

Posts:175

11/27/2007 12:32 PM
Paul, I believe that we also are only required to have a yearly meeting. However even if the public isn't invited per-se, the Board still does not have the right, in my opinion, to declare all meetings "executive" and hide the results of the decisions made at those meetings from our homeowners. To deliberate in an executive session is one thing, to "hide" the result of those deliberations is another. As far as the community assoc. network. All of the laws that it points out only apply to governmental agencies. They have no bearing on public corporations. There is however a provision in the "non-profit corporation act" in my state that says that all decisions made by a board must be done at duly called meetings unless a member can unanimous written consent from all members. Our By-Laws do not address these issues.

SusanW1
(Michigan)

Posts:2171

11/27/2007 12:41 PM
Chris - Boards can go into Executive Session at any time of the meeting. Attendees at ES meetings are bound by secrecy about the discussions at these meetings.Minutes are kept but are stored apart from regular Board meetings. Results of the ES meetings are often revealed at regular Board meetings. Regular board meetings (often called Executive Meetings) are for board members and anyone not a member can be asked to leave. The Board can be complelled to release the Board minutes ONLY when the general membership votes on that order. AGM = Annual General Meeting of the members and is attended by all members of the organization. All members are entitled to the minutes of the Annual Meeting. These "rules" are found either in the bylaws or are default parliamentary procedures (like Roberts Rules) IF it is stated in the bylaws that the organization follows those parliamentary procedures, after the bylaws.

HaroldS
(Arizona)

Posts:904

11/27/2007 2:40 PM
Susan wrote: "...I have never heard of 3 people isolating themselves to run an organization." Where ever have you been spending your time Susan? Have you been reading these posts very long? This is a common theme of discontent. Harold

ChrisB4
(West Virginia)

Posts:175

11/27/2007 3:06 PM
Posted By SusanW1 on 11/27/2007 12:17 PM I just read your other post - are you saying ONLY the president can call a Special Meeting? No I don't think I said that. The president, the majority of the Board or the members by petition can call a special meeting in my association.

PaulM
(Pennsylvania)

Posts:1347

11/27/2007 3:30 PM
ChrisB4: I am unsure of what 'news' or updates you feel you are entitled to that you are not getting from the Board. If your documents state that there should be one open meeting annually and the Board is fulfilling that dictate, then what else do you feel is necessary? At the very least, the Board should be holding an election annually, and should be sending a proposed budget for the forthcoming year prior to the meeting so members can review and be prepared to approve or disapprove. Other than ensuring that the Board is fulfilling their fudiciary duty, do your documents state that they are bound to impart other information to members on an ongoing basis? Do you have a newsletter in your association? Do you have a Social Committee, Architectural Control Committee, Violations Committee, Dispute Resolution Committee? If so, perhaps you could volunteer to be part of the 'business' that is being handled through these committees. Also, you can nominate yourself for the next open Board position and get in on the 'inside' to learn where you may be of help. If you and other like-minded residents feel that the Board is keeping pertinent info from the community, then you need to address this with them. You don't really state what info you feel they are keeping from you; but, your documents should dictate what info the Board is to communicate and how often.

DonnaS
(Tennessee)

Posts:2832

11/27/2007 3:47 PM
Everyone, This thread is another perfect example of States not having good Statutes to protect the association homeowners. We in Florida , even tho they are massive in size, have got a fairly good collection of laws that insure that each and every owner has every chance to keep ontop of what their B.O.D. is doing . Afterall, it is each of our monies that they are appropriating. Because of the theory that every owner is entitled to know what their Boards are involved in, our Statutes mandate that each and every meeting of the B.O.D. is open to every member in good standing. (Except where the Board and it's attorney are involved in litigation with owners or an owner). All meetings of the Board and it's committees are required to be open. Executive Sessions are never allowed except by Boards that don't understand that they cannot do them. I read posts from Virginia and Tennessee and many other states where HOA laws don't hardly exist so when these rogue Boards go off on their own, there is no one to call on for protection from them. There really is a need for basic laws for every state to protect owners from B.O.D. members who go nutty with power. Okay, ---I'm off my soapbox

ChrisB4
(West Virginia)

Posts:175

11/27/2007 3:55 PM
Posted By PaulM on 11/27/2007 3:30 PM ChrisB4: I am unsure of what 'news' or updates you feel you are entitled to that you are not getting from the Board. If your documents state that there should be one open meeting annually and the Board is fulfilling that dictate, then what else do you feel is necessary? At the very least, the Board should be holding an election annually, and should be sending a proposed budget for the forthcoming year prior to the meeting so members can review and be prepared to approve or disapprove. Other than ensuring that the Board is fulfilling their fudiciary duty, do your documents state that they are bound to impart other information to members on an ongoing basis? Do you have a newsletter in your association? Do you have a Social Committee, Architectural Control Committee, Violations Committee, Dispute Resolution Committee? If so, perhaps you could volunteer to be part of the 'business' that is being handled through these committees. Also, you can nominate yourself for the next open Board position and get in on the 'inside' to learn where you may be of help. If you and other like-minded residents feel that the Board is keeping pertinent info from the community, then you need to address this with them. You don't really state what info you feel they are keeping from you; but, your documents should dictate what info the Board is to communicate and how often. Paul, First, I am a member of the Board in question. Specifically the VP. The President and Secretary are husband and wife respectively. The Treasure is a neighbor and friend. They have the majority and break our By-Laws and state law on a fairly regular basis. But since all the records of these meetings are being withheld from the public and I'm bound to keep these items secret, what can anyone do? To hold a session free of the public is one thing. Why does a Board need to conduct all business behind closed doors without minutes? How can the homeowners judge if the Board or certain members of the Board are doing the things they need to do. By the time the homeowners realize there are things that aren't being done right, it may be too late. The damage is done. I'm working on an amendment to our By-Laws that would change the nature of our executive session to prevent the abuse that is occurring here now.

PaulM
(Pennsylvania)

Posts:1347

11/27/2007 4:02 PM
ChrisB4: What does VA law for HOAs/Condos dictate re: open meetings with all members invited vs. Executive Board sessions that are not open to members? What amendment are you working on to change the nature of the executive session? As a reminder, the amendment must coincide with state law which supersedes all others.

ChrisB4
(West Virginia)

Posts:175

11/27/2007 4:27 PM
Posted By PaulM on 11/27/2007 4:02 PM ChrisB4: What does VA law for HOAs/Condos dictate re: open meetings with all members invited vs. Executive Board sessions that are not open to members? What amendment are you working on to change the nature of the executive session? As a reminder, the amendment must coincide with state law which supersedes all others. In the wonderful state of WV, we don't have much in the way of laws that help us in these cases. I'm extremely familiar with our state laws regarding HOA's and non-profit corporations. There just isn't much there. Calls to our States Attorney's office, the Secretary of State's office and 2 of my county commissioners turned up very little in the way of help. Our By-Laws are basically what we go by. And these sorts of questions aren't in there. I picked piece meal from the web and adopted the following to fit our asscociation.... ------------------------------------------------- Proposal for the amendment of the By-Laws of the * Homeowners association, specifically to define the term Executive session and the conditions in which it may be invoked. Executive session: Definition: "Executive session" means any meeting or part of a meeting of the * Homeowners Association Board of Directors which is closed to the public. (a) The governing body of * Homeowners Association, herby referred to as the Board of Directors, may hold an executive session during a regular, special or emergency meeting, in accordance with the provisions of this section. During the open portion of the meeting, prior to convening an executive session, the presiding officer of the governing body shall identify the authorization under this section for holding the executive session and present it to the Board of Directors and to the general public, but no decision may be made in the executive session. (b) An executive session may be held only upon a majority affirmative vote of the members present of the Board of Directors assuming quorum rules are met. The Board of Directors may hold an executive session and exclude the public only when a closed session is required for any of the following actions: To consider the following: (A) Matters arising from the appointment, disciplining, resignation, discharge, or dismissal of a member of the Board of Directors or any member or members of a committee working with the authority or appointed by the Board of Directors; or (B) For the purpose of conducting a hearing on a complaint, charge or grievance against a member of the Board of Directors or a member of the * Homeowners Association, herby referred to as “homeowner”, unless the member/s or homeowner/s requests an open meeting at the member/s or homeowner/s discretion. General personnel policy issues may not be discussed or considered in a closed meeting. Final action by the Board of Directors having authority for the appointment, discharge or dismissal of an individual shall be taken in an open meeting; (3) To discuss any material the disclosure of which would constitute an unwarranted invasion of an individual's privacy such as any records, data, reports, recommendations or other personal material of any educational, training, social service, rehabilitation, welfare, housing, relocation, or the individual's personal and family circumstances; (4) To plan or consider an official investigation or matter relating to crime prevention or law enforcement; (5) To develop security personnel or devices; (6) To consider matters involving advance construction planning, the investment of public funds or other matters involving commercial competition, which if made public, might adversely affect the financial or other interest of The *** Homeowners Association. (7) Nothing in this article permits a public agency to close a meeting that otherwise would be open, merely because an agency attorney is a participant. If the public agency has approved or considered a settlement in closed session, and the terms of the settlement allow disclosure, the terms of that settlement shall be reported by the public agency and entered into its minutes within a reasonable time after the settlement is concluded; (8) To discuss any matter which, by express provision of federal law or state statute or rule of court is rendered confidential, or which is not considered a public record within the meaning of the freedom of information act. The Board of directors may deliberate in executive session but no decisions, resolutions, or motions may be adopted in executive session. All business must be conducted in an open portion of the meeting.

SusanW1
(Michigan)

Posts:2171

11/27/2007 5:40 PM
You can expect a lot of Abstentions on votes if you don't allow "business" i.e. motions and votes, to be conducted in Executive Session. (The way this is worded, the last line reduces the ES down to a discussion session only, not even a "meeting.")

ChrisB4
(West Virginia)

Posts:175

11/27/2007 6:43 PM
Posted By SusanW1 on 11/27/2007 5:40 PM You can expect a lot of Abstentions on votes if you don't allow "business" i.e. motions and votes, to be conducted in Executive Session. (The way this is worded, the last line reduces the ES down to a discussion session only, not even a "meeting.") So I can assume you agree with the rest, less that provision? The point is that one way or another homeowners are entitled to know the result of decisions made by the Board, not necessarily the circumstances surrounding the decision. Perhaps the last paragraph could be reworded? Suggestions?

BarbaraM7
(Virginia)

Posts:86

11/27/2007 6:51 PM
SusanW1, Just curious...what position do you hold on the Board of Directors at your HOA?

SusanW1
(Michigan)

Posts:2171

11/27/2007 6:57 PM
Your task will be to get the membership to approve - not me! The main thing is to be sure this amendment is consistent with the rest of the bylaws. There are many subject areas listed in this amendment, but does the board have the actual power to deal with them? Also of concern . . . section (a) "but no decision may be made . . ." and the idea that no decison on personnel hiring/firing, etc. can be made. Most boards go into ES to discuss and make confidential decisions on staff, finances, legal issues, discipline (or to get rid of the audience in attendance)

PaulM
(Pennsylvania)

Posts:1347

11/28/2007 6:23 AM
ChrisB4: I'm not sure if you are more concerned with the husband/wife and friend as Board members (with you as the minority Board member), OR if you are as concerned over decisions not being communicated correctly to members. These are two entirely different scenarios and are to be handled differently. - Is the membership clamoring for information? - Are members being vocal and writing their concern over lack of communication? - Has the Board been petitioned to openly present minutes/decisions made? - Has the membership expressed a desire to recall the Board? You have stated your documents do not address open meetings, and that it is difficult for you to refer to state law. If you are going to propose an amendment to your documents, IMHO seek the expertise of an attorney, with HOA experience, to work through the references in state law on what you propose. You do not want to create an amendment which is against state law; it won't hold up in court. Good Luck!

SusanW1
(Michigan)

Posts:2171

11/28/2007 6:27 AM
I think he is concerned about Board meetings being held in "chronic" Executive Session. He does not like the secrecy aspect of them.

JeanneK3
(Maryland)

Posts:129

11/28/2007 6:42 AM
Maryland has a good law saying that all Board meetings must be open and that Executive Sessions must be summarized in the Minutes of that or the next Board meeting. However, one must hire an attorney to enforce these laws since there is no Maryland agency committed to enforcing these laws. The only County in Maryland to address enforcement is Montgomery County which has a Commission to hear complaints and rule on them. I agree with the poster that said we must strengthen state laws but do not leave out the active enforcement of these laws as well.

ChrisB4
(West Virginia)

Posts:175

11/28/2007 9:05 AM
Posted By PaulM on 11/28/2007 6:23 AM ChrisB4: I'm not sure if you are more concerned with the husband/wife and friend as Board members (with you as the minority Board member), OR if you are as concerned over decisions not being communicated correctly to members. These are two entirely different scenarios and are to be handled differently. - Is the membership clamoring for information? - Are members being vocal and writing their concern over lack of communication? - Has the Board been petitioned to openly present minutes/decisions made? - Has the membership expressed a desire to recall the Board? You have stated your documents do not address open meetings, and that it is difficult for you to refer to state law. If you are going to propose an amendment to your documents, IMHO seek the expertise of an attorney, with HOA experience, to work through the references in state law on what you propose. You do not want to create an amendment which is against state law; it won't hold up in court. Good Luck! - Is the membership clamoring for information? Most of the membership has no idea information is being withheld, but there is a group of people that regularly volunteer for committees or are ex-Board members who understand the process and realize what is happening is wrong. - Are members being vocal and writing their concern over lack of communication? See above. - Has the Board been petitioned to openly present minutes/decisions made? Yes, the President has stated that he is the authority and that any information given or meetings allowed to attend is a privilege given to them by the President. - Has the membership expressed a desire to recall the Board? Again, most of the membership has no idea, but every time someone asks what is going on and their told, most are concerned, many have decided to get involved. There is a campaign forming now to reach out to more people, but because the President's wife puts out a newsletter and she makes baseless accusations like "there is an isolated group of troublemakers" or "the Board is made up of 4 hardworking family men who care about the community", presumably I'm the 5th. Other things like, "the troublemakers have tried to get rid of every president we have ever had. We have had 3 since the community took over from the developer. Admittedly, most have had little experience and the only one that homeowners attempted top remove was one who gave our mowing contract to himself and then paid himself to mow, in the end it worked out to be 2 times more than he said. The process here is very difficult and requires a lot of time. Its a lot easier for 3 Board members to unite and stay united than it is for 60-100 homeowners. The Bottom line is the President has everyones attention. He and his wife send out there own newsletter with their own extremely biased opinions. The rest of us as we reach out appear to the uniformed to be angry homeowners reacting to his preemption. Now the latest, after a meeting last night, is that I informed the President that there would be some upcoming proposals to amend the By-Laws. He got really defensive and demanded to know what would being added or changed. He said it was all a plan on my part to become president (this guy is really delusional, he sees conspiracy's everywhere) I asked him how he interpreted our By-Laws so I could follow the rules the way he wants them followed. He refused to give me his interpretation, making all kinds of excuses. I pointed out the the rest of the Board that It was important to interpret them before a change was proposed, to do so after would only bring accusations that the Board is only interpreting the rules to make it more difficult because they don't agree. As far as a lawyer, that's a stretch, who is going to pay the $250 an hour?. I'm going to create a new post on the By-Laws topic as I'm really getting away from the point of this thread which was about two members from the same lot serving on the Board.

GlenL
(Ohio)

Posts:1373

11/28/2007 11:37 AM
While having a couple from the same household on the BOD is IMO inadvisable; unless your documents specifically prohibit it and both were properly elected it is not nepotism. Besides you're in WV; isn't everyone related to each other there??? (Before the angry posts, this was a joke) Chris what is to stop you and your band of 25 from putting out your own informational newsletter explaining your side of the story? As long as you make it clear it is not an official communication from the BOD, you should have no problems. You can complain to us (members of this web site) all day about how unfair things are but unless you get your message out to the other homeowners in your community; nothing is ever going to change However if you do please please please use spell check and have someone with a basic grasp of grammar read it over before it's distributed. Typical of a lot of the postings I see on this site are people using the word THERE meaning place instead of THEIR meaning people or THEY'RE a contraction of they are. I'm not picking on you but words are powerful tools and if you send me something explaining your point of view and it's not readable I'm going to assume you are a kook. These rules you mention concerning proxy's are confusing. Are they in your governing documents or are they a rule the BOD made up? There are a number of posts on this subject on this site. Generally a proxy is one individual giving another the power to act in his place. Therefore if your band of 25 got proxies from the rest of the homeowner's s/he could vote in their place. Unless it is a directed proxy giving the bearer a specific way to vote the proxy holder can vote as they see fit. Remember bad Board members are like cockroaches - they run from the light.

PaulM
(Pennsylvania)

Posts:1347

11/28/2007 2:36 PM
GlenL: Not sure you read early on that Chris is a Board member in his association. He is the V.P. and is very concerned over how the Board Pres. with wife and friend (also Board members) are holding the majority of votes on Board decisions. Are you really advising that Chris, as V.P., and HIS band of 25 could put out his own newsletter explaining his side of the story, while also holding a Board position ?

GlenL
(Ohio)

Posts:1373

11/28/2007 5:35 PM
Yes, his name doesn't have to appear, there are 25 more to choose from. He can post on here all day about how unfair the Board is, how they are doing things improperly etc. He said he has been to the State and was told he was on his own as there was nothing they could do for him. So the way I see it he can either shut-up and take it, resign or do something to change it. That was why I said to make it clear it is not an official communication from the Board. In fact if this Board is as out of control as he paints it; then he has not only a fiduciary duty to bring it to light but a moral duty. Once he became aware of things being improperly done if he doesn't do everything in his power to let people know what is going on and how to fix it, IMO he becomes just as responsible. When someone posts about how terrible their BOD is and all the wrong things they're doing we have one side of the story from that person's point of view. Now there are bad Boards out there, there are bad Board members; there are also people who if things aren’t done the way they want them to be done, complain about how everything is being done wrong. Well as my momma used to say, "Talk is cheap."

ChrisB4
(West Virginia)

Posts:175

11/29/2007 7:34 AM
Posted By GlenL on 11/28/2007 11:37 AM While having a couple from the same household on the BOD is IMO inadvisable; unless your documents specifically prohibit it and both were properly elected it is not nepotism. Besides you're in WV; isn't everyone related to each other there??? (Before the angry posts, this was a joke) Chris what is to stop you and your band of 25 from putting out your own informational newsletter explaining your side of the story? As long as you make it clear it is not an official communication from the BOD, you should have no problems. You can complain to us (members of this web site) all day about how unfair things are but unless you get your message out to the other homeowners in your community; nothing is ever going to change However if you do please please please use spell check and have someone with a basic grasp of grammar read it over before it's distributed. Typical of a lot of the postings I see on this site are people using the word THERE meaning place instead of THEIR meaning people or THEY'RE a contraction of they are. I'm not picking on you but words are powerful tools and if you send me something explaining your point of view and it's not readable I'm going to assume you are a kook. These rules you mention concerning proxy's are confusing. Are they in your governing documents or are they a rule the BOD made up? There are a number of posts on this subject on this site. Generally a proxy is one individual giving another the power to act in his place. Therefore if your band of 25 got proxies from the rest of the homeowner's s/he could vote in their place. Unless it is a directed proxy giving the bearer a specific way to vote the proxy holder can vote as they see fit. Remember bad Board members are like cockroaches - they run from the light. I live in the panhandle (NE corner) of West Virgina, so no, everyone here is not related. When we all fled from the high prices of the DC, MD and No. VA housing markets we came here and kicked out all of the natives....lol. Truthfully, true West Virginians don't consider the panhandle, part of WV! I admit I starting busting out about what you said. There is a community newsletter run by committee (all of whom appose the President), but we all agreed that that letter would not be used to advertise the faults in our Board. They continue to take the "high road". There is of course the Prez and his wife's newsletter and many of us felt another newsletter would be overkill. However I know an owner at the only entrance to our 368 home community and she said I could advertise a website on her property. Of course the Board will make her take it down, but It only needs to be there a few days. Yes my spelling and grammar suck, I know. I paid a lot more attention in history, science and literature than I did in grammar. It shows. believe me I sit on important stuff like that for days before I send it out, though the funny thing about that is the Prez and his wifes newsletter has 3-5 typos and errors per page in every letter....it's really comical. Our documents say, specifically that each homeowner can only carry ONE proxy and that proxy shall ONLY be counted toward quorum NOT to vote.

ChrisB4
(West Virginia)

Posts:175

11/29/2007 8:03 AM
I should mention that his wife was not elected to the Board she was appointed after the previous secretary quit after only 1 month. I do feel a pull between doing the right thing (morally) and my obligations to the Board. If I'm the only one following the rules, who does that serve? As a member of the Board, I believe I should be working in the best interest of the homeowners. When the Board crosses the line, I have an obligation to step forward and do something about it. I realize that it's my side of the story your getting, I resist the temptation to post letters and emails, even the kind of crap they put in their newsletter. The bottom line is I'm not here to convince you, I come here to get different points of view. If I'm way off base I'm sure you all will let me know. I take everything I read and that I know and put it all together and I do what I think is right. I would like to thank everyone for their time and help on anything I have written or asked here.

SusanW1
(Michigan)

Posts:2171

11/29/2007 12:29 PM
You said - "Our documents say, specifically that each homeowner can only carry ONE proxy and that proxy shall ONLY be counted toward quorum NOT to vote." So your annual meeting could be 1 guy with 100 proxies, and 10 other live bodies!!?? And passing motions takes a majority of (live) voters present? Amazing!!

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Forums > Homeowner Association > HOA Discussions > Nepitisim and Executive session