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MaryA1
Posts:0
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| 03/12/2010 7:10 AM |
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Robert,
I think I suggested "feeling" him out about changing the rules, but only IF board meetings are being held. If the developer is not holding board meetings then it's a moot issue. I also suggested that he only speak for himself at this point, i.e. let the developer know that HE would like to attend the board meetings if at all possible. A face-to-face would give Donald the opportunity to get a handle on where the developer is coming from and also if he is open to making any changes. But he must go slow and not be confrontational. Remember, lots of sugar and no vinegar!!! |
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DonaldM3
(South Carolina)
Posts:132
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| 03/12/2010 9:56 AM |
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Mary & Robert, I think I’m going to go with a letter; I am not concerned about ‘losing face’ (any change in my face would be an improvement). Although I do not care to be a future board member, I do plan to be involved in the community. The letter’s probably lacking in sugar but any vinegar detected here? What would you change?
March X, 2010
RE: Happy Homes CC&R's & POA Transparency
Happy Homes Board of Directors
C/o Bossy Management Services
P.O. Box 0000
Myrtle Beach, SC 00000
Dear Happy Homes Board of Directors,
As a resident of the Happy Homes Property Owner’s Association in Myrtle Beach, SC, I am writing to respectively express my opposition to Article 1, page 2 of the BY-LAWS of the Happy Homes POA documents where it states, “No member of the Association shall have any right as an Association Member to attend any meeting of the Board, except such meeting of the Board as the Board of Directors shall, in the exercise of its sole discretion, open to the membership or any other person”.
This Article gives the future HO (homeowner) populated BF Board of Directors the authority, at their discretion, of causing Happy Homes board meetings to be held as closed. Such authority goes beyond what any HOA board should be allowed to exercise. Once such an egregious rule is established, by a neophyte Board of Directors, it will be difficult to reverse. Proactive steps taken prior to the HOA turnover can, however, prevent such a detrimental policy from even being considered. As in any HOA, the Happy Homes Homeowners will be better served if its Board of Directors, while acting on their behalf, are acting in a transparent manner. Openness helps avoid suspicion and distrust which otherwise is easily perpetuated.
States, such as CA, AZ, FL, and VA, being mindful of the importance of democratic openness, have legislated that HOA boards within their state are required to hold all board meetings as open to its members. The Virginia Property Owners Association Act reads, “All meetings of the board of directors, including any subcommittee or other committee thereof, shall be open to all members of record. The board shall not use work sessions or other informal gatherings of the board of directors to circumvent the open meeting requirements of this section.” South Carolina has been working towards HOA legislation and my understanding is that they appear to be inclined towards openness.
Before moving to Happy Homes, I lived in the Less Happy HOA community in X where the developer inserted the following section into its By-Laws, “... all meetings of the Board shall be open to all Voting Members ...”, thereby requiring all board meetings to be held as open to its members. Board members are, after all, elected by and serve at the pleasure of the HO’s; if they then function in secrecy, suspicion and distrust are a real and potentially harmful result.
I have personally served on the HOA Board of Directors of Real Happy in X, PA, More Happy in XX, MD and Less Happy in XXX, SC and except for Executive Sessions, our board meetings were always rightfully held as open to the HOA membership. Not only were board meetings open, a Homeowners Forum was inserted on the agenda, near the beginning of each board meeting to allow HO’s to express any concerns they may have regarding the HOA and the way its business is conducted. This openness is conducive towards a congenial relationship between the Board of Directors and the Homeowners who elected them.
The intent of my letter is to appeal to you to consider amending Article 1, of the Happy Homes BY-LAWS such that when a HO populated BOD is created (later during turnover of the HOA to the Homeowners) it will have been mandated that board meetings will always be held as Open to the membership.
In the best interest of the Happy Home Homeowners, I ask your serious consideration of this issue. I’m happy to speak, meet with you or to work with you on this matter if you like.
I look forward to your response. Thank you.
Sincerely,
DonaldM, Happy Homes Homeowner |
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RobertR1
(South Carolina)
Posts:5164
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| 03/12/2010 10:47 AM |
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Donald,
I don't detect anything hostile in your letter. If that is what you want to do, you have my blessing, I hope it works. Keep us posted, maybe you have the magic words. |
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MaryA1
Posts:0
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| 03/12/2010 4:03 PM |
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Donald,
Very good letter. No vinegar detected.
You may want to consider suggesting the bylaws be amended to state that only during declarant control do the members not have a right to attend board meetings. That way once the assn has been transitioned that restriction will not apply. |
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