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KrystalA
(Iowa)

Posts:60


01/29/2007 5:48 PM  
What is the best way to handle board memebers who have decided to leave others in the dark about things that are very important for the entire board to know?

The person who manages our property quit the company that represents us. The president and vice president decided not to tell the rest of us for nearly a week. I only found out after doing some investigating to "something" being up.

Now they are trying to convince us we wern't intentionally left in the dark BUT will fill us in on everything in a couple weeks at a boad meeting and oh by the way, the person who quit, started her own company and got a couple others to agree to sign her but didn't tell the rest of the board or gave them an opportunity to even vote on it.

Any suggestions are welcome
SidneyP
(Florida)

Posts:302


01/29/2007 6:29 PM  
Our's keeps HO's in the dark about everything. Never been a news letter. Today I went by the MC to pick up some files I had requested and guess what information I received. "There will be a Board meeting Wednesday."(today is Monday) I ask how could that be, there had been no notice. The PM said they only had to give 48 hour notice. She said the President was placing signs out tonight when she got off work. As I have said before we have more than 50% rentals, most investors live in town (myself included). I ask how are these people suppose to know and that I didn't think that was right. She said, well, that's what the CC&R's say. I can think of only one reason why they did not give a proper notice, "they don't want anyone to show up". I also ask was this our annual meeting (anniversary date Jan 16, 2002), just a general meeting.... We were just sent (Dec. 18th) the 2007 assessment, due Jan 1st, the BOD's had raised it without a warning or explanation as to why. A simple invioce stating, "you owe $409. 1st semi annual payment", that was an increase of $37. Many HO's were upset about this that many would show up at this meeting if they knew about it. We did have a bulletin box near the entrance but that has just recently been removed???? IMO, even if the CC&R's state that a 48 hour notice, it would be simple courtesy to mail out notices to absent HO's. We have never had more than 7/8 members (plus some spouses) show up for a meeting, wouldn't you think the Board would do all it could to bring our HO's/community together.
GeraldT1


Posts:0


01/30/2007 4:58 AM  
KrystalA,

Your Pres., and VP have acted as renegades terminating and engaging in contracts without the prior written consent of the Board.

Now it was brought to their attention that you know about it, they are intentionally leaving you in the dark by not holding a Special Mtg. of the Board and postponing disclosure for a couple weeks, or until they get all their ducks in a row.

You will either follow along luck a lemming, or take a stand and disclose privately first what has occurred and your displeasure, then go public with a statement at an open meeting. I would seek a motion to relieve the Pres and VP from their office and let the other BOD members fill the spot. If this fails, you know where you stand and what you have to do to remove yourself from the infected BOD members.

Best of success!!
GeraldT1
NNJ
GeraldT1


Posts:0


01/30/2007 5:13 AM  
SidneyP,

Your last question is perhaps the most profound. While you would hope the BOD and MC would do what's in everyone's best interests, unfortunately that is not always the case. Most are self-serving, with agendas, and don't have a clue what the by-laws, and that local, state and federal laws apply to their little mini-governments.

However, MC's, and BOD's need the support of a strong community with volunteers. Doesn't sound to me like your neighbors are involved, especially since 1/2 are renting.

In New Jersey, it is state law that agendas need to be posted prominently 48hours in advance of a meeting. Check with your State Department of Community Affairs to see what is required. Ask your MC for an agenda for the meeting.

If your "emergency" meeting requires a community vote, a quorum of the community (owners in person or proxy) is necessary. Read your by-laws to learn the necessary percentage of quorum.
Ask your MC where it states anything about 48hours notice in your cc&r's. The cc&r's are covenants, conditions and restrictions upon the land, typically don't mention 48hours notice.

GeraldT1
NNJ
RonaldW
(South Carolina)

Posts:901


01/30/2007 6:44 AM  
Posted By GeraldT1 on 01/30/2007 5:13 AM

While you would hope the BOD and MC would do what's in everyone's best interests, unfortunately that is not always the case. Most are self-serving, with agendas, and don't have a clue what the by-laws, and that local, state and federal laws apply to their little mini-governments. .................


That's a pretty broad and unfair statement.

My agenda, and I believe the agenda of my fellow board members, is to see that property values and quality of life are maintained in our development. This is accomplished by paying the bills and seeing that the CC&Rs are enforced. That's it. We serve for free.

"little mini-governments"? Remember that local governments created these "little mini-governments" because they didn't want to be bothered with maintaining easements, providing recreational facilities, and enforcing covenants.


Ron
SC
GeraldT1


Posts:0


01/30/2007 7:14 AM  
RonaldW,

Agree to disagree. I don't think my statement is unfair at all. Look at the subject headings and content of most of the posts on this site, and more often than not, it's about what's going wrong, not right. That is the litmus test for my statement.

Today alone the last 6 out of 10 new topics were as follows: BOD stonewalls restrictions on raising monthly fees, Board members keeping rest in the dark, conflict of interest?, neighbor feeding pigeons a problem, inactive HOA, rules and regulations enforcement (read subject matter), By-Law interpretation (read subject matter).

Yours is the exception and IMO, and experience unfortunately not the rule. I disagree that local governments are to blame. Step your assessment of who's to blame to the state and federal level. However, if the barn door is open, do you have to go through it?

GeraldT1
NNJ
KrystalA
(Iowa)

Posts:60


01/30/2007 3:12 PM  
Thanks for the replies. I thought i had wrotten it in my original post, but must have changed my thought process along the way.

I am on the board and this is happening. Its not just a not telling residence problem, its not telling the other board members things,
DwightT
(Idaho)

Posts:664


01/30/2007 3:29 PM  
Posted By GeraldT1 on 01/30/2007 7:14 AM

Agree to disagree. I don't think my statement is unfair at all. Look at the subject headings and content of most of the posts on this site, and more often than not, it's about what's going wrong, not right. That is the litmus test for my statement.



Gerald - with all due respect, that is not a very good litmus test. The very nature of forums such as this one almost guarantee that you will see nothing but complaints and problems. The stated purpose of the forum is to be a place where people can "discuss topics concerning their association duties." That generally means how to deal with problems. I don't think we will be seeing very many posts from people asking how to deal with things that go right. So saying that most BODs are self-serving with private agendas based on the "complaints" on a forum like this is pretty unfair in my opinion.
KrystalA
(Iowa)

Posts:60


01/31/2007 2:41 PM  
Any suggestions? We have a meeting in a week and really could use some help here
RonaldW
(South Carolina)

Posts:901


01/31/2007 4:00 PM  
Posted By KrystalA on 01/31/2007 2:41 PM

Any suggestions? We have a meeting in a week and really could use some help here


Decide what questions you want to ask and write them down. Be fair and don't accuse anyone of anything. Take notes on any discussion or decisions. See to it that minutes are kept and ask for a copy at the next meeting or before.


Ron
SC
RobertR1
(South Carolina)

Posts:5164


01/31/2007 4:18 PM  
Krystal,
To get back to your question. This is not a how to fix a clock question or how to put a model car to gether. It is more like a video game where the good guy is chasing the bad and someone always gets in the way of chasing him down. Take small steps for positive results. Know and don't be afraid to stand behind the CC&R's, they are the cement that holds things together. They are the Constitution. Use it and stick to it. Enlist an ally or four, plan what you want changed and if you have to go outside the board and, say, write a letter to all home owners, do it. Better yet get as many e-mail addresses as you can, if your board or MC uses e-mail check to see if they are hiding all addresses,if not, copy them, go door to door. You can reach a ton of people by e-mail. Use the forum, don't waste words and no personal agenda. If you can get the e-mail to them and they open it, you have a captive audience. Nothing over a half a page to start, ask for opinions, keep good records and files, sent out a 10 question survey, compile resuts and put them out, don't name names. Pose theroretical questions, hold some goodies back but don't name your sources.
Get some organization so when you talk you don't have to say "I" but "we". Don't hide, be open and quietly vocal about your concerns.
Plan your battle plan in small little positive changes. Listen to the members all you can, give then a chance to vent. If you can't see a positive change in six months, think about moving. Don't think the annual meeting is going to lift any curtains, it will be business as usual I suspect.I can't see what I am suggesting is being aan unloyal board member, after all, your duty is to the members, not the Board.
And I expect I will hear about that comment.
AliceA
(Alaska)

Posts:2


02/01/2007 1:17 PM  
Check your bylaws and state laws. Maybe they've been having illegal meetings and passing illegal motions. Does your Board have the authority to renegoiate a new contract? (our association can't without bringing it to the full board.) What is your Board's spending authority?

Have you been receiving minutes of their meetings? That's a requirment.
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