Do Members Have The Right To Know

I was going to 'do a search' but decided to ask.

1500+ own property within a self-managed WV Corporation.

The corporation 'fired', 'let go', 'allowed our General Manager to resign ... whatever ... the General Manager is no longer employed and was socked with a No Trespassing Order.

Do the 1500+ members of the corporation have the right to know what THEY have paid as a penalty to 'break' the GM's employment contract?

I figured as much. Not complaining or throwing stones ... just the truth. The Board does not follow our governing documents. Yes they allow records inspections. How does one pursue the legal right to review financial records? As far as board meeting minutes, they have not been available since August 2019. All contracts (services, construction, employment) are not allowed to be reviewed.

Do you ask these questions to your board, and if so, what was the response? Considering there's a no trespassing order against the former manager, something serious had to happen in order to go this route, so how do you know for certain anything was paid to break the contract. In fact, you may be seeing the beginning of some considerable legal action depending on what the manager is suspected of (or found caught) doing.

If I were on the board, I might tell the community the breakup was necessary because of some serious performance issues which are being investigated. Because there could be some legal action as a result, the board cannot discuss the details at this time, but will update you as soon as possible.

If the board has told you something similar, leave this alone for now and let the process play itself out. If the manager has done something that came close to damaging the association, it's possible the association won't have to pay anything.

@Sheliah, the Board has said nothing, no announcement on the Official Website. The Office Manager posted via a Facebook account the GM was no longer employed and asked for understanding when conducting business. Does membership have the right to a Board Announcement? If so and none comes, do you have any suggestions?

If there is legal action ongoing, it's very likely the board can't say anything. I agree that a no-trespassing order suggests something serious has happened and the PM has been terminated for cause and there would be no charge to the association for early termination.

I don't see why this should not be known. It's for safety and financial hit. However, I would say it is the price of doing business. It is built into the contract is it not that early termination results in a fee? So it's not like that is "hidden".

As for the trespassing, the more eyes the better. How will these people know this person is trespassing if it's not known? The person can come back anytime and meet people who don't know the situation. Seems you would want to post something that says "If you see this person call the police".

Hi John,

Dues payers would have a right to know the operational costs of the HOA, including penalties paid to break a contract. You are part of the association...not just "subject to" the homeowners' association.

I understand. Nonetheless, the law expects this first step. Once the board ignores this first request, post back.

Do you know if this RV park is governed by West Virginia's Uniform Common Interest Ownership Act? Does either its Articles of Incorporation, Bylaws, or Declaration say as much?

I think knowing the following may be helpful to others: The OP's organization has hundreds of lots for members to buy and on which they can live for part of the year; several swimming pools; a liquor yada bar and lounge with live entertainment; a pool table room; a rec room; a convenience store; a laundromat; a miniature golf course; bathhouses; tennis and basketball courts; a ball field; a meeting hall where religious services (without citing any particular religion) are conducted every Sunday; and more. It appears to have about a dozen staff who I gather are contracted or employed. It is a West Virginia nonprofit corporation with covenants. I can see how the sudden termination of a general manager can throw a loop to many of the members. I think it is entirely possible that there was a sizable penalty for terminating early. On the other hand, if some kind of malfeasance was involved and the general manager resigned, this would put an entirely different light on things. Of legal necessity (and whether members agree with the termination or not), the board may be obliged to stay silent on the details. Still, as others have indicated, and pursuant to at least WV corporate law, the OP should be entitled to see the financial records that show whether a penalty was paid.

JohnK40, based on the following, I think your organization is subject to:
-- West Virginia Nonprofit Corporation Act - West Virginia Code § 31E

-- Uniform Common Interest Ownership Act - West Virginia Code § 36B. See https://www.ncsl.org/documents/environ/WVcondo.pdf and double check the latter as needed with https://www.wvlegislature.gov/WVCODE/Code.cfm?chap=36b&art=1

-- and maybe the Unit Property Act - West Virginia Code § 36A (seems to be mostly or entirely about condos?)

Regarding applicability of 36B, excerpts that leap out at me are:

§36B-1-102. Applicability.
Applicability of this chapter is governed by Part II [36B-2?] of this article. 

§36B-2-101. Creation of common interest communities.
(a) A common interest community may be created pursuant to this chapter only by recording a declaration executed in the same manner as a deed and, in a cooperative, by conveying the real estate subject to that declaration to the association. The declaration must be recorded in every county in which any portion of the common interest community is located and must be indexed in the grantee's index in the name of the common interest community and the association and in the grantor's index in the name of each person executing the declaration. 

The WV Secretary of State office lists your organization as a corporation. Go to https://apps.wv.gov/SOS/BusinessEntitySearch/ . Put in the first two words of your organization's title, and it comes up. Google on the organization's name, and the indications are that it is a nonprofit. You can probably call the Secretary of State and ask how to get a copy of the Articles of Incorporation. Sometimes S.o.S. offices will email the Articles, charging a small fee.

JohnK40, "Declaration" is often the abbreviated form of "Declaration of Covenants, Restrictions... " and similar. Do you have any document titled "covenants" or similar that is filed with the County?