Power of Board Members

Started by AndreaW • 6 replies • 2580 views

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AndreaW (North Carolina)
Posts: 57

Posted:

We are a HOA with currently 2 homeowners on the Board of 5 and 3 that are the builder. We have one Board member who insists on having control over issues that should be an overall community decision. This individual also has complete total control over the rental of our clubhouse making it difficult for anyone to plan to rent the clubhouse without first consulting with him. Recently he was away on vacation and supposedly left the clubhouse schedule with the head of the amenities committee, however he only left the schedule for the time he was away. A group of us wanted to know if the clubhouse was available for a specific date in june and we needed to put our plans on hold until the amenities committee chair was able to contact the Board member by cell phone, which by the way took 2 days. What exactly is the function of a Board member when there are committees in place to deal with the daily issues such as amenities, social committee, Architectural review, etc. He is insistent on attending and voicing his opinion at every one of our committee meetings. I might add that at times he gets arrogant if the committee is not seeing things his way. We need help or we will continue to have a dictatorship. This individual was asked and told several times by the Board to post the schedule online and he has not complied. What are we to do at this point without resorting to trying to have him removed? Please advise ASAP

RogerB (Colorado)
Posts: 5,067

Posted:

Andrea, he needs to be reigned in and this is a matter for your Board. Since the other Board members are aware of the problems with this Director they can determine who will serve and chair the committees and they assign responsibilities and authorities for each committee. This can help stop this Director's involvement when he is not a committee member. And since his performance on the clubhouse has been poor, try to keept him off that committee and any others which do not need his so called help.

AndreaW (North Carolina)
Posts: 57

Posted:

Thanks for shedding some light on the issue. I have sent an email to our management company and she has plainly told me that she only accepts email from Board members. Is she not getting her salary from all the homeowners? She would prefer i send any questions through regular mail and wait for a written reply. I do not feel this is acceptable in today's day and age that she can put off the matters by using stalling tactics. Further she had told me when speaking to her on the phone that waht we discuss would be confidential and then she replies by email that she has forwarded my email to her, over to her liaison at the board of Directors. What exactly is the point of having a management company if she cannot answer the questions at hand. Shouldn't she be well versed and educated enough to answer. My questions pertained to the bylaws and some other neighborhood issues, some of which i had mentioned here. Please advise. Thanks again

RogerB (Colorado)
Posts: 5,067

Posted:

Andrea, a MC usually signs an Agreement with the Association and its Board of Directors; not with the homeowners. It appears that your Association's Agreement specifies a Board member who is to be the Liaison with the MC. Perhaps your questions are more appropriately addressed to your Board rather than the Managing Agent.

Large MCs usually do not allow their agents to answer techincal questions for fear of potential legal repercussions. And she may not be "well versed and educated enough to answer".

One MC goal, in my opinion, should be to answer questions and guide the Board and owners to educate and help keep them out of trouble.

HaroldS (Arizona)
Posts: 906

Posted:

Andrea - the problem is that the builder still controls the board, period. He apparently approves of how things are being done. The management company is in his hip pocket too - they know who is paying the majority of their fees. I don't see any way that the situation will change until enough lots are sold and you owners can take over control of the HOA. The first thing I would do then is fire that management company. Harold

AndreaW (North Carolina)
Posts: 57

Posted:

Thanks for all the input. While i realize that the builder is still in control, we are all trying to educate ourselves since the scales are about to tip in our favor, this july we elect a 3rd Board member with the builder only holding the remaining 2 seats. In addition, already monetarily we the homeowners are carrying the weight of the overall expenses based on the projected budget, and the building is only "picking up the shortfall" We are a community of what will be 440 homes with 330 complete already. with the builder still having about 100 left to complete, they are certainly not paying the same we are on the unfinished lots. Also at 393 complete, the builder hands it over to us. This should happen by the end of year. Do we have to wait until next july's annual meeting to vote in the other seat or can a special election be called? I was told by the managing agent that she typically only emails with the board and all other homeowners need to submit by mail and she will reply by mail. Personally i believe this to be a stalling tactic so the amendment that i proposed in my email will not be able to go on the agenda for the meeting and sufficient notification will not be able to go out because of time constraints. In this day and age, with email technology, is it common practice for a MC to not allow for homeowners to email them questions. Her reply was if all homeowners emailed that would be the only thing she does all day and the emails woudl occupy too much of her time. This is ludicrous. Can someone clearly explain to me why we pay a management company? What is their function? I really need to know why we are apying them the kind of money they earn to do nothing.

RogerB (Colorado)
Posts: 5,067

Posted:

Andrea, you can get the answers to your questions:
"Can someone clearly explain to me why we pay a management company? What is their function? I really need to know why we are apying them the kind of money they earn to do nothing." Request a copy of the management agreement from your Board. It is part of the public records of your HOA and should be available to any member upon payment of the cost to make and send you a copy.

If the MC is being paid to do nothing then hold the Board accountable for failing to do their job.

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