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Subject: Should HOA Post Protest Letter & Board Response (CA)

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BillF5

Posts:0

08/08/2010 1:37 PM
Recently our BOD in CA updated the Rules & Regulations document with no basic change to existing rules. The existing rules were kept and simplified or changed to match exactly what is stated in the CC&Rs, and references were added to the relevant sections of the CC&Rs. Two new rules were added, one for rental units specifying that the landlord is responsible for his tenant's compliance with the rules and regulations, and a second one that clarified the ownership of fences/walls again referring to specific sections in the CC&Rs. The document was reviewed by the HOA legal counsel for legalility and conformity with the HOA's CC&Rs, and their recommended changes were all made to the final document. The document was sent out to the community for the 30-day review period. Then a few days before the board meeting to adopt the rules (i.e. 26 days into the review period), a disgruntled homeowner saw their opportunity to circulate around a very inflammatory "protest letter" to "selected" homeowners (i.e. those they felt could be coerced into their point of view) attacking the BOD and the rules and regulations document, misrepresenting them as a new set of rules designed to "punish" the community. The letter itself is not signed by the author but everyone knows who the author is because they went door to door distributing the letter, and they’re well known in the neighborhood for acts such as this. The author of the "protest letter" is upset with the BOD and the Property Management company because they were issued a violation notice. Even though the violation was dismissed without a fine the person still feels they must "avenge" such an insult. The BOD wrote a factual and cohesive response with evidentiary documentation to disprove each of the misrepresentations stated in the "protest letter" and presented it at the well attended BOD meeting where it was discussed. The BOD proceeded to adopt the updated Rules and Regulations document at the meeting. As a subsequent step the BOD plans to develop a newsletter to amongst other things discuss the “protest letter” and notify homeowners that the BOD response letter with all the attached evidence was posted on the HOA website for all to see. The BOD really wants the entire community and not just the “selected” homeowners to be able to read the “protest letter” since it believes that the letter itself is the best proof of the intentions of the disgruntled homeowner. So my question is, would it be proper, legal, and wise to also post the “protest letter” on the website. The belief is that since it’s not signed by anyone one can assume that it’s a public document and hence can be posted on the HOA website. Sorry for the wordiness, but I really wanted to explain exactly our situation.

JohnO6
(Georgia)

Posts:415

08/08/2010 3:54 PM
I see no reason not to publish it on the website. It's part of an overall educational campaign to inform the owners. As an unsigned document, the BOD makes no assumption as to authorship and merely presents it as one opinion received from the membership. The consequent BOD detailed response only helps to further clarify the "whys", "what fors" and reasoning of the BOD in establishing the rules it did.

JackB8
(Virginia)

Posts:105

08/08/2010 4:35 PM
One thing the disgruntled homeowner does not want to see is a factual response to his misinformation. You are taking all the fun out of his game if you publish such a response. Do it.

BillF5

Posts:0

08/08/2010 6:39 PM
Thanks for the responses, I respect the opinion of those on this board and would be very interested in hearing the opinion here to both the “Protest Letter” and the “Board’s Response Letter” in this situation. I’m trying to learn as much as I can about being a good an effective BOD member and getting an external opinion on how we handled the situation. As such I’ve posted these two letters, made anonymous of course, at the following webpages. If any members of this forum can take some time and read these and then let me know what they think it would be of help to me in developing as a good BOD member. Thanks in advance! http://gatortravels.com/hoa/protest_letter.pdf http://gatortravels.com/hoa/board_response.pdf

SusanW1
(Michigan)

Posts:5035

08/08/2010 6:51 PM
Why do you feel that you have to answer this barking dog? No, do not publish the letter. The letter is included in the minutes of the meeting, and that's enough exposure for it. You would have to have permission for publication on a web site. Sounds like the board is either scared of its actions, unsure or just over explaining itself. Let the facts just lay there for all to see.

BillF5

Posts:0

08/08/2010 7:26 PM
"Sounds like the board is either scared of its actions, unsure or just over explaining itself. Let the facts just lay there for all to see." Believe me the BOD is far from "scared" and the their actions are completely valid specially when you consider that probably 95% of the rules were not changed and the new rules are legal and valid as well. But you've touched on a concern that I have in that we're going overboard to explain the rules. My main point in publishing the "protest letter" is again to allow ALL homeowners to see it. Remember even though the "protest letter" states "To All Homeowners" it was only distributed to those homeowners they believed could be recruited to their cause. In addition, just exposing this "Barking Dog's" rants would ensure that no one in the community would ever for a second consider following their lead. In other words, I like the idea of shedding light onto the "Barking Dog". However, we're a very small community of less than 100 homes and more than likely the "protest letter" has been passed even to those who were not on the "Barking Dog's" list. Your point that it would be included in the minutes of the meeting is a good point, and I'll have to check if indeed it will be, and if it is then that could be enough. Thanks for your response.

BillF5

Posts:0

08/08/2010 7:31 PM
"You would have to have permission for publication on a web site." Why would I need someone's permission if the letter was distributed anonymously and is not signed by anyone ?

RichardP13
(California)

Posts:824

08/08/2010 9:25 PM
4 inches

RichardP13
(California)

Posts:824

08/08/2010 9:54 PM
Someone needs to read the Constitution of the United States, Eighth Amendment. "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

MaryA1

Posts:0

08/09/2010 8:23 AM
Bill, I agree with Susan. I see no need to publish the disgruntled h/o's letter nor the BOD's response. If you do then you are playing right into the disgruntled h/o's hands. The fact that the letter was discussed at a BOD meeting is all that needs to be done. If the BOD was bent on responding they should have responded to the disgruntled h/o and been done with it. Can you imagine what dissension would be created in the community if the BOD chose to publish every letter received from every disgruntled h/o and their responses? IMO, these disgruntled PITA's should just be ignored.

BillF5

Posts:0

08/09/2010 9:27 AM
Thanks, to all who had "constructive" feedback. The current thinking on the BOD is to mention the incident and the response letter in the newsletter and we're debating whether to either just post the response, or tell homeowners that if they did not receive these letters to come to a BOD meeting where they can obtain copies of them.

KellyM3
(North Carolina)

Posts:359

08/10/2010 7:33 AM
You're simply asking for more drama by posting an unofficial and non-binding "protest letter." That said, some boards like this intrigue and it can be fun in small doses. But, if the HOA handles official business, and if this doesn't qualify, forget about it. But, if you like drama, proceed and enjoy!

BillF5

Posts:0

08/10/2010 9:01 AM
Posted By KellyM3 on 08/10/2010 7:33 AM You're simply asking for more drama by posting an unofficial and non-binding "protest letter." That said, some boards like this intrigue and it can be fun in small doses. But, if the HOA handles official business, and if this doesn't qualify, forget about it. But, if you like drama, proceed and enjoy! We agree, no "drama queens" on this BOD. The current thinking is to not even post the response letter and just mention it on the Newsletter and ask that owners who had not receieved either may obtain free copies at both at the next BOD meeting.

MaryA1

Posts:0

08/10/2010 10:47 AM
Bill, Why put anything in the newsletter -- either the protest letter or the board's response? IMO, you don't need to tell the members about every protest letter received and how the BOD handled it. Talk about drama, that's how it happens!!

KellyM3
(North Carolina)

Posts:359

08/10/2010 11:11 AM
I would think dues payers have the option of venting frustration in a public monthly meeting, with their name behind their words. Newsletters are optional communication forms. The author of the letter is technically anonymous so as to not stand behind their words. Can write a nasty note about your board, anonymously, and you print it in your newsletter? It's the same thing.

KellyM3
(North Carolina)

Posts:359

08/10/2010 11:11 AM
I would think dues payers have the option of venting frustration in a public monthly meeting, with their name behind their words. Newsletters are optional communication forms. The author of the letter is technically anonymous so as to not stand behind their words. Can write a nasty note about your board, anonymously, and you print it in your newsletter? It's the same thing.

BillF5

Posts:0

08/10/2010 11:34 AM
Posted By KellyM3 on 08/10/2010 11:11 AM I would think dues payers have the option of venting frustration in a public monthly meeting, with their name behind their words. Newsletters are optional communication forms. The author of the letter is technically anonymous so as to not stand behind their words. Can write a nasty note about your board, anonymously, and you print it in your newsletter? It's the same thing. My BOD agrees, and after further consideration we've determined that the anonymous protest letter was circulated, the board responded effectively and passed the updated rules and regulations document, and so that's the end of it. We need to move on with the real work of the community. If the issue about the rules comes up again we just need to tell whoever brings it up to read the protest letter and the response letter, and if they have no access to them tell them to come to a board meeting where they will be provided with copies. One lesson we've learned is that you cannot assume that the membership knows what the "current rules" are, and hence when you distribute an update to your rules document you need a cover letter explaining why the update and what has been changed from the current set of rules. Our lack of providing this cover letter is what provided our "Barking Dog" with the opportunity to claim that they were now being subjected to a whole new set of unjust rules. What is funny is that our current rules were passed in 1998, the 2010 update did not effectively change them, and the "Barking Dog" purchased their home in 2002. So one asks if the "Barking Dog" disagreed with the rules so strongly then why did they decide to purchase their home in the community in the first place ? Let me guess at their answer: "we were not aware that these were the community rules". So is ignorance a valid defense ?

KellyM3
(North Carolina)

Posts:359

08/10/2010 11:41 AM
Ignorance is a great defense when you wish to criticize an HOA board!

BillF5

Posts:0

08/10/2010 11:46 AM
Posted By KellyM3 on 08/10/2010 11:11 AM I would think dues payers have the option of venting frustration in a public monthly meeting, with their name behind their words. Newsletters are optional communication forms. The author of the letter is technically anonymous so as to not stand behind their words. Can write a nasty note about your board, anonymously, and you print it in your newsletter? It's the same thing. Another thing we learned at our meeting was the lack of awareness of the membership of the work the BOD, the PM, and the landscape company do. A too frequent a comment was "we pay X dollars monthly for what ?" It's hard to believe, but many a homeowner thinks that the common areas, landscape, private streets, and infrastructure need no maintenance and they will always look "pretty" and "function" without the need to spend any money to maitain them. In our community just in the past 3 months we've had major infrastrucute problems with main supply irrigation pipes breaking and almost flooding several homes. In one instance the builder actually routed an HOA main irrigation supply line thru a home's private yard where it broke and almost completely flooded that home. We worked very hard to fix these problems before they could cause problems to homeowners, but again mostly go un-noticed by them. This has really made us aware of the importance of publishing newsletters at least on a quarterly basis to inform the membership of things being done by the BOD, the PM, and Landscape Company.

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