Letters of Correction, is this executive meeting business?

Started by IreneC • 6 replies • 1261 views

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IreneC (North Carolina)
Posts: 111

Posted:

Our complex use to have walk throughs on a monthly basis. All infractions of rules would be followed up on and new ones cited. That was years ago. Now, our currently president and another board member had taken it upon themselves to continue the walk through.

The concern is this. We as a whole board would be given the walk through back when we originally did it and given the situation letters were then sent and was considered part of the minutes for that months meeting.

Our president and treasurer did a walk through and sent out a slew of letters... to homeowners who are furious. Some rightfullly so. One howmowner asked me about the letter he go and when I told him I wasn't aware of any letters being sent out he was questioning the current method of 2 out of the 7 board members deciding methods of inforcement of rules. I understand this, and I dont' recall this being the method in which we use to practice as board members.

I think for legal reasons this needs to be part of our executive meeting minutes for legal reasons.... and not have 2 board members acting on their own..

INsight?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Irene,

In most instances this is the job of the A/C committee and/or the prop. mgr. If you don't have an a/c committee, you may want to make an appointment. And what about the prop. mgr; or are you self-managed.

But, yes, you are right. While it's OK for only a few of the board members to make the inspections, the violation notices should be discussed by the whole board b/4 letters are sent out. Whether violation notices can be discussed in a closed meeting depends upon CA state law. In AZ, that is NOT cause for a closed session.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Irene,
Mary tells it like it is. This is not something that 2 Board members should take upon themselves to do. It is a Board action IF you do not have an ARC committee doing the walk arounds. And it most likely is not a closed meeeting situation. At our meetings, we put a "case number" on each notice and each Board member has a copy of it in front of them so there is no name or identification of the offending unit made verbal to the general meeting participants.
Yes, an owner can request the information thru a process of writting the request to know who the offending units are but basically, identification is not something that you want to do at the open meeting

SusanW1 (Michigan)
Posts: 5,202

Posted:

Violations are pretty objective. There is a list of violations the HOA has jurisdiction over, and those that is does not. A simple check by the violation is all it takes. That can be done by a single person or a committee. There's no aubjective judging about it, a violation should be clear to all.

A "first step notice" can be sent out, with a polite note, stating that the violation Number 123 has been noted on (date) and ask that the violation be corrected. If there is more action needed, THEN it should go to the board for discussion.

I don't understand why an entire Board has to trek around the neighborhood in a group crusade to find violations. This can be done discreetly by one or two persons.

IreneC (North Carolina)
Posts: 111

Posted:

Quote:

Posted By SusanW1 on 05/13/2008 1:59 PM
Violations are pretty objective. There is a list of violations the HOA has jurisdiction over, and those that is does not. A simple check by the violation is all it takes. That can be done by a single person or a committee. There's no aubjective judging about it, a violation should be clear to all.

A "first step notice" can be sent out, with a polite note, stating that the violation Number 123 has been noted on (date) and ask that the violation be corrected. If there is more action needed, THEN it should go to the board for discussion.

I don't understand why an entire Board has to trek around the neighborhood in a group crusade to find violations. This can be done discreetly by one or two persons.

My original post wasn't asking for the whole board to be out looking for violations... that is completely off target of my concerns.

We use to have walk throughs and present the offenses in executive session. THis was how things were handled. However our president and treasurer did a walk through unknown to the rest of the board and did such with the management company in tow. Letters for multple issues were mailed out with no communication from the original two who did the walk through, that it was planned and done without other board knowlege.......................................... this is not the way the board use to operate and now it seems the norm. 2 of the 7 are acting on our behalf which by my concerns is NOT OK! As a courtesy the violations identified should of been brought to our meeting tonight and even photographed like we did in the past for those who needed visual proof of issues.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Irene, I completely agree with you, the board members who did the walk through probably SHOULD have brought the list back to be acted upon in session.

My question to you is, what do the 5 board members intend to do about it?

I would probably place an item on the next agenda that deals with clarifying and FORMALIZING the violation notification process.

I would make sure that the other 4 (5 counting you?) board members were on the same page.

Then I would respectfully request that no such communications should go to residents without the board either at the LEAST first getting copies, or first reviewing in an executive session.

It's really, as most things are, all about "managing expectations." You and the other board members have an expectation that a proper process is going to be followed.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I still don't think that this is a Board duty - and if it's not in the bylaws or CCRs that the board do these "violations walk-throughs", then it should not be doing that.

IMHO, violation notations should be done by a committee that conducts these reviews and sends out letters - then reports to the Board about the status.

Doesn't your Board have GOVERNANCE issues to deal with? Identifying and following the status of Violations by a Board seems like micro-managing, to me.

The Board does not have to DO everything, it just needs to be sure that it gets done. And because the residents see the Board as the "keeper of the violations" you are getting personal calls about this.

Wouldn't you have felt better to have been able to say, "You will have to deal with the Violations Committee about that; we are busy conducting Board issues at our meetings'?

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