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JeanneH
(Florida)

Posts:3

06/11/2007 10:55 AM
Is it "legal" to have a former Architectural Review Committee (ARC) Chairman to be the President of our HOA? He ran the ARC for 2 years and handpicked his replacement after his election to the Board. He has been, and I believe he will continue to, vote the way the ARC wants him to vote. Also, we have a board member who has a wife on the ARC and he too is going to vote anyway the ARC wants him too (or get in BIG trouble at home). Many residents in my community don't think this is fair. Please advise. Thanks!

BradD2
(Florida)

Posts:418

06/11/2007 10:55 AM
Why would it be? Please explain...

Jadedone4
(Virginia)

Posts:495

06/11/2007 11:21 AM
Jeanne, this is not aimed at you so please do not take it in any offensive manner... Are the folks "who think this is not fair" either the losers from the elections, or folks who fail to volunteer for board/committee duties? As long as the President is not voting on his own "ARC" submissions, or his wife voting on the "ARC" committee on their submissions, I do not see the issue there.

RogerB
(Colorado)

Posts:4686

06/11/2007 1:26 PM
Jeanne, being the former ARC Chair does not disqualify him from being the President. The President often picks the members who serve on Committees, but this should be accepted by the Board. Also, a Board member can have another family member on the ARC unless your controlling documents do not allow this. It is all legal; if a majority your members want to establish certain policies and procedures then vote to do so.

JeanneH
(Florida)

Posts:3

06/12/2007 12:39 PM
There are many, many folks in our community who think it's unfair to have a former ARC chairman as the HOA President. They also believe it's a conflict of interest to have a Board member that has a spouse on the ARC. Of course both Board members are going to vote in favor of all ARC activity. The residents who believe this is unfair are not the losers from the elections and most of them do volunteer their time on various committees. Also,the president sends out e-mails to the Board regarding ARC (requests for appeals) and tells us which way to vote. Maybe this isn't "illegal" but I, as well as many others, think it's morally wrong.

GloriaM
(North Carolina)

Posts:829

06/12/2007 1:28 PM
Half of the time you cannot even get people to serve, how nice a husband and wife both committed thenselves to serve. As to the President telling others how to vote through his emails, are you a witness to such behavior? Or is it hearsay? Someone could tell me all day long how to vote, but it is my decision as to how I decide to vote.

JeanneH
(Florida)

Posts:3

06/12/2007 1:31 PM
I am on the Board and I have been sent e-mails from the Pres. in which he tells us which way to vote. His buddies on the board vote with him. You are looked down upon if you dare vote a different way.

MicheleD
(Kentucky)

Posts:4491

06/12/2007 1:34 PM
The head of our Arch Committee is our board President. My husband is also on the Arch Committee, though he's not a member of the board, and I am the board Treasurer. The Arch Committee does not arbitrarily approve requests. It is the steward of the portions of the CC&Rs that address the outside look of the homes if they are altered in any way from the way they were originally built. The CC&Rs and any subsequent Guidelines that were developed guide the approval process. The Arch Committee does not have the "right" to deny a request that is in keeping with the CC&Rs and the establish Arch Comm policies. Conversely, they do not have the right to arbitrarily grant waivers. In fact, in our community, they cannot grant waivers, the entire board votes. A waiver would have to have a pretty good reason to be allowed if it is outside of the CC&Rs and established AC policies. I find it pretty funny to think that just because my husband is on the Arch Committee that will somehow mean my and his votes will always be the same, IF any approval bubbles up to the level that it needs a full board vote for approval or disapproval. We couldn't even decide on the same type mattress for our bedroom. I'm not quite sure what you mean by the President sends out emails that tell you which way to vote. Perhaps he is just providing his own insight and expertise ? "looked down on if you dare vote a different way" ?? again, this seems highly charged and somewhat subjective. It sounds like there are more likely personality issues involved as well. How many board members do you have (we are allowed 9 per our by-laws, but currently only have 6). What are the types of issues that the entire Board votes on that the Arch Committee does not handle?

PaulM
(Pennsylvania)

Posts:1347

06/12/2007 1:35 PM
Jeanne: Check your official documents regarding having an Arch.Review Committee (ARC) and whether it serves at the discretion of the Exec. Board. That means, that the Board can, at any time, appoint a committee and who is to serve on that committee. Likewise, the Board can remove Comm. members and replace with others. Having said the above, it is clear that the Arch. Committee can give its recommendations by voting, however, the Board, very often, has the final say in Arch. denials/approvals. The Exec. Board holds the highest authority in the association and uses this power when voting on ARC requests.

Jadedone4
(Virginia)

Posts:495

06/12/2007 3:29 PM
Jeanne, I fully agree with the above posts, all the way down to Paul's - where he makes an excellent point that the "ARC" serves at the pleasure of the Board (per governing documents which have this clause). Also, check the "charter" of the "ARC" and it's true authority - as mentioned here USUALLY the "ARC" is limited in what it can and cannot do, on behalf of the community, WITHOUT board approvals. I will not address whether or not you have a "bad" President - however as President, I have NEVER presented an issue to my board with "how they should vote." Most if not all treatises on HOA management suggests that the President be impartial - some interpret that mean they get to be "devil's advocates" to spur/inspire debate on issues so that all angles are explored; some interpret it to mean they are omnipotent, and every decision requires their "expertise;" and others take the time to explore the strengths and weaknesses of their fellow boardmembers, and attempt to work with them into the debates/discusions in a "team building" manner. I was told this by a DI (drill instructor) "not all bosses are Leaders, and not all Leaders are Bosses..."

JM2
(Oregon)

Posts:439

06/16/2007 10:42 PM
Posted By JeanneH on 06/12/2007 1:31 PM I am on the Board and I have been sent e-mails from the Pres. in which he tells us which way to vote. His buddies on the board vote with him. You are looked down upon if you dare vote a different way. This is a great example of why HOA boards should NOT communicate by email; there is the possibility that a judge would say that this constitutes a meeting of the Board, if Board Business is discussed via email. Most of the HOA lawyers in Oregon actively discourage board members from discussing any board business on email, particularly when it is sent to all members and responses are hit via "reply all." This kind of behavior - the board president telling the board which way to vote - may open the board to lawsuits wherein the D&O coverage may not kick in, if any open meeting/sunshine laws are being violated. JPM

BradP
(Kansas)

Posts:2491

06/17/2007 8:24 PM
Jeanne: My question is if many people in your neighborhood don't like him being president then why don't they do something about it? How did he get voted in as a director?

MicheleD
(Kentucky)

Posts:4491

06/18/2007 3:11 PM
Brad, I don't know about other HOAs, but ours is pretty apathetic. The residents (members) seldom participate in the process until either (a) they see someone doing something that may or may not be in violation of the CC&Rs, but it personally ticks them off or (b) are notified that they are doing something in violation of the CC&Rs. Our By-laws stipulate that we can have no fewer than 3 and no more than 9 directors. So when time comes for people to nominate and then vote on the slate for the board of directors, we're lucky if we have 4 or 5 people toss their hats in the ring. As a result, since everyone will get at least ONE vote (their own), then they are "voted" in. We had some pretty annoying people on our board for a while (um. surely I don't mean me ! lol) and we just sort of put up with them since every hand on is at least a hand. We have been fortunate enough that we have not had an entire slate all be of one mind. We have a variety of temperaments and attitudes, some very conservative and black & white when it comes to the documents, some a little more liberal, yet still supportive of the governance. Our biggest 2 jerks (the 2 Arch Committee members) left last year in a huff when their feet were held to the fire to document their policies and conduct their committee transparently and consistently instead of the way they had been doing it for a number of years. I know other HOAs have a tighter board, but when the volunteers are slim to none, you pretty much have to take what you can get! LOL.

BradP
(Kansas)

Posts:2491

06/18/2007 6:40 PM
Michelle: I understand about non-participation, however, as I tell those who complain around me I will start listening to you when I see you volunteering. It sounds to me like those who are complaining need to put their money where their mouth is. It is kind of harsh to say but unfortunately is true.

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