Correspondence > HOA Forum

Unanswered

Active Topics

Forums

Forums > Homeowner Association > HOA Discussions

Subject: Correspondence

Prev Next

You are not authorized to post a reply.

Author

Messages

ParkP
(Maryland)

Posts:31

07/29/2008 8:26 PM
What is the procedure requesting to reveiw correspondence, Emails. Want to see how they voted and when For Treasurer Daughter Managing.What happens if they tell me they can't come up with the emails?How do we prove any voting or etc.Would they be required to keep them on file? This took place between May & June 2008.Want to be prepared for a cover up. Thanks Park

KirkW1
(Texas)

Posts:1190

07/29/2008 8:36 PM
This should have been done at a meeting and appear in the minutes. I guess you believe they will try and lead you to believe that it magically happened? You should be aware that the choice is NOT a problem if handled properly. If this person participated in a sealed bid process and the Treasurer recused him or herself from the vote it can be all on the up and up.

ParkP
(Maryland)

Posts:31

07/30/2008 5:15 AM
Kirk , they also hired other relative, to do work and Mom, was trying to get daughter the management position 5 years ago.I spent one year with them on the board, They never cared about my opinion.President would handed out contract to be copied and only get one price.With the fact that i said when getting bids, you tell our specs of our job request, he did what he wanted. Felt we were headed to be sued, but he said no way, he was immuned to be sued.My spouse had me resign after my year. This past six months they thought no one was paying attention to what they were doing, there was bragging from the treasurers spouse about contracting with relatives. This spouse also tell confidential things about other h/o.

SusanW1
(Michigan)

Posts:2316

07/30/2008 5:44 AM
Do your documents outline the procedures for hiring staff and contractors? Do they mandate multiple bids? Is there an annual budget that they must work with? If not, the Board is simply hiring who they want. Do your other HO know about this "clan" that is running your association? (hiring relatives of Board members is NOT prohibited, but really should go thru the bidding process) Solution? You can work to get some people elected to the Board next time, if this bothers the HO. But really, most folks just want the job done. As a member, you have the right to see the official minutes of the meeting. Emails and other communications - unless written up as minutes - are not privy to others, as they are simply conversations. (That's a whole 'nuther subject as to whether Board members can conduct businsess over email) Attend the meetings and listen to what is happening. Let other HO know and get their imput.

ParkP
(Maryland)

Posts:31

07/30/2008 1:26 PM
Other associations members are upset with all the contracting we seem to be keeping money in the Treasurer family. The minutes have not been approved since April, and we have had 3 other meetings.This is why i figure the minutes will tell alot.

KirkW1
(Texas)

Posts:1190

07/30/2008 3:18 PM
So why is the treasurer still in office? Why is the president? Hello?? If you don't like the job they do then vote them off. Spend time collecting the proxy votes. A small dedicated group can easily change the course of an HOA.

ParkP
(Maryland)

Posts:31

07/30/2008 8:49 PM
I am working on all of this first step to request special meeting with percentage of association. Then mailing all association member an announcement of the date, time place and a proxy collected. With a two week notice. Is there any other steps? Have been asking people if they want to get involved in committees other BOD positions. There will be removal of President and a few more, how is this all handled with collection of proxies, and this Daughter being Manager ? Possibly they will have her at this meeting. What should i have a committee to count these proxies where do they go to Management?Thanks This sight is educational it points me what i need to check out so i do it right. This matters to doing what is right with our association .

RobertR1
(South Carolina)

Posts:2513

07/30/2008 9:47 PM
ParkP, After reading this thread over, here's a couple observtions. Your spouse MADE you quit the Board, if I read right. If so, get it right before you go much further. You need them, badly, this is not going to be a fun trip and will require understanding and help from the marraige. Please. That also points out the need for all the support you can get, and you can not get too much. As you solicite the neighbors they are going to want you to lead. That's not all bad, someone has to. Request the associations mailing list and request any office help you can think up from the current management, and make this all in writing with a reply requested. They will turn you down, but that don't mean you don't have the right to their records and mailing list, you do indeed and should make an effort to obtain them. Youi can see the benefits of this, just keep good records. You will be perceived as the enemy, don't let them get away with that and justify everything that you do with your documents, and don't be afraid to explain your position is completely legal and is in fact, your written responsibility as a owner/member as outlined in your documents. Be open, be friendly, be strong and be right.

SusanW1
(Michigan)

Posts:2316

07/31/2008 9:02 AM
Time is the great revealer - and so is the Annual Financial Report given to members at the Annual Meeting. In the meantime, insist on seeing an itemized treasurer's report. Have a private meeting with the Treasurer and ask to see a year-to-date financial report vs. the budget. That's what should be reported to the Board each month anyway, so it should be easy for her/him to give you a copy. There is nothing "illegal" or even "unethical" with relatives doing work for the HOA - AS LONG AS procedures were followed for the bidding process and there are invoices submitted. A good audit will track that down. We are hearing one side here, based on strong feelings. The FACTS will bear out any wrong-doing. (I remember when the rumor spread around that our treasurer used HOA funds to remodel her home; in reality, it was from an inheritance from her deceased father.)

ParkP
(Maryland)

Posts:31

07/31/2008 2:08 PM
Hi i had sent two letters requesting to reveiw booksand set a day up to do so. There was no one around. They are sending out proxies to annual meeting.they just pur June & july minute but not May minute yet.They want control and yet be in violation having pole garage and having basketball hoopout near street 365 days a year . The list could go on and on.Bylaws red we have the right to reveiw books, copies atreasonable cost. the reason everyone is still on the board we found all this out in July.

KirkW1
(Texas)

Posts:1190

07/31/2008 2:12 PM
Park, You should start collecting proxies now for the meeting if they are sending them out. Just ask people to assign yourself to the proxy. Given that few people bother with any of that, if you simply state that you stand for honesty and openness few many will simply sign their proxy. They figure if you bother to come then you must be alright I suppose.

MaryA1
(Arizona)

Posts:2498

07/31/2008 2:26 PM
Posted By KirkW1 on 07/31/2008 2:12 PM Park, You should start collecting proxies now for the meeting if they are sending them out. Just ask people to assign yourself to the proxy. Given that few people bother with any of that, if you simply state that you stand for honesty and openness few many will simply sign their proxy. They figure if you bother to come then you must be alright I suppose. Park, I would suggest reading the proxy supplied by the board very carefully. Oftentimes the proxy states it can only be given to a board member. If yours is worded this way then you cannot gather proxies from members who do not wish to attend the meeting. I'm not sure what the legalites are regarding proxies, i.e., whether you can provide your own even if the assn provides the type I mention above. However, if the board chooses not to accept your proxy the only way to object would be through a court action. It would be much better to be prepared with a plan B. That plan B would be to convince the members of the dire importance to attend the meeting and cast their own vote. If the members aren't concerned, then there isn't much you can do about it.

ParkP
(Maryland)

Posts:31

07/31/2008 3:27 PM
Thank you for the tips will check into plan B, is this legal?For BOD only to pick up proxies. this had never been the fact before. I had pesonally collected to help getting these BOD on the Board, was told they care and not about a power trip. They were unfair about things while i was on the board they were running the show.Thanks again Park

KirkW1
(Texas)

Posts:1190

07/31/2008 7:27 PM
I would certainly pay several hundred dollars for a legal opinion should they attempt such a maneuver. I simply don't believe it would be legal. It is likely to violate a number of state and federal acts regarding cooperate governance. It would also have to be in the corporation papers that this restriction is in place. A simple resolution would in itself be a breach of fiduciary responsibility. I would however, try to fly under the radar with the proxy collection. I would not engage the board any more then absolutely necessary. I wouldn't ask any more about meeting minutes. I would not request to see any documents. If you need something go look for a filing. I would go about talking to people about becoming involved and requesting they sign a proxy. If their proxy has no place for another person to be assigned, then make one like it with your name instead. Make sure that everyone who signs the proxy has their name and address printed legibly and signs as well. Then take a witness with you to the meeting. If they do dis-allow your proxies, then I would see if anyone is willing to share the cost of a suit against the board. I would also notify the insurance company that you intend to seek justice for their breach of duty and law.

ParkP
(Maryland)

Posts:31

07/31/2008 8:12 PM
Thank you again, went out for a bit and the BOD's spouses seem to come down the streets which happen to be courts. I am not doing anything wrong. Do i need to tell the BOD's my intention? Other association members feel they have not been straight forward with us.One member asked how come June & July's minutes were approved yet May has not.Do they need to be in order? Want to make sure that in the future we are able to do things right and pull people together.The people i have already spoke to are interested in being involved, i also as well as petition to request special meeting have had people sign up for different committees. This i suggested to the board, while on the board . They never took heed of that, comittees could benefit all of us. Thanks again, Park,

RobertR1
(South Carolina)

Posts:2513

07/31/2008 9:32 PM
Park, You have received some good advice so far, but you are barely scrtching the surface. Instincttively, we know this is going to be the case with you, because it has been for most all of us. At some point we were sitting in your same seat, giving a critical eye to the Board and asking what you thought was a simp-le explanation for a rational question. You can see how disruptive it isfor you not to accept the party line. So you ask another question that is plainly covered in your documents, what could be simplier. We you are begining to sense something is going on, so you inquire if the process is legal. And down, down you go, into the black hole and probably ending up just as we that post here are. Take your time Park, this is not a sprint, it is a marathon and you have to be te marathoner. Chew in little bites, but keep chewing, the game is lost when all the little guys stop chewing. We can't do it for you, but we can help you get to where you want to go, and if it turns out, you are taking the wrong direction, we will drop you like a hot potatoe and move on to someone else.

KirkW1
(Texas)

Posts:1190

08/01/2008 11:15 AM
Park, From where I sit, it would appear that you are somewhat afraid. I am not sure what you are afraid of, and certainly not in a position to say there is nothing to fear. Perhaps you are afraid that you could be on the end of some lawsuit brought by the board using HOA funds. I can't tell you that it won't happen as I don't know your situation. I would stay ow key with the whole thing partly to avoid such. And when you talk with your neighbors do not put forth any attacks or accuse the board of anything. Simply state you want to see a more transparent process. Be open that you don't have anything upon which to accuse the board. You simply want them to be more open so that everyone knows that they are doing the right thing. Assume someone may tell the board something. But don't advertise to the board. If you are asked, neither lie, nor be forth coming. If you meet board members (or their wives, children, or friends) then greet them cordially and comment about the weather.

You are not authorized to post a reply.

Forums > Homeowner Association > HOA Discussions > Correspondence