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Subject: Calling into question...
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Author Messages
RandyS
(Colorado)

Posts:29


07/21/2006 12:35 AM  
Our BOD seems to have (in the past) changed leadership roles back and forth between a few select (Good Ole Boys), and having entered into the mix. I have record of a former BOD member misrepresenting themselve to others attempting to enforce compliance from an outside entity.

What if any legal process can or should be brought againt an individual in such a case?

Secondly;

Executive BOD meetings. Can someone please tell me the "true" definition of the same?
Is this not to be held in confidence among BOD/Management, if said manager is present?

Regarding contracts, I understand that these are to be voted upon at the BOD meeting, my question here is simply this, what if the BOD acting with the community in mind and for the betterment of the same, move to accept a contract of this nature during a executive meeting, is or would the BOD be incorrect, and if so, then why would it be allowed to happen by a Manager being present at the aforementioned. Are they not there to help guide the BOD members on these sort of things?

If work in a community was being done, and city permits were NOT being pulled at the city level. who's responsibility is it to see that this is completed? What should be done if this were have taking place?
JulieS
(Georgia)

Posts:412


07/21/2006 6:47 AM  
An executive session is called when legal issues are to be discussed. Privacy is required so that information discussed does not hinder any legal cases/lawsuits.

As for the contract review and approval, this should be discussed in the regular board meeeting. The property manager should be involved in all aspects of the meeting, even executive session, if they are in attendance. Our MC does not attend board meetings unless we request it.
JulieS
(Georgia)

Posts:412


07/21/2006 6:51 AM  
Regarding pulling permits and permitting work. The responsibility for this should have been assigned when the work approved. Sometimes the property owner pulls it or the the contactor can pull it for an additional fee. Items that require a permit will vary by state, county and city.

I work in a city that requires a permit be pulled to install a water heater. If a homeowner replaces a water heater himself by purchasing it at the local hardware store he should pull a permit and have it inspected once the work is completed. Will he do it? Probably not. I had a screened porch put on my house and I pulled the permit myself and the contractor met with the county for the two required inspections.
RogerB
(Colorado)

Posts:5067


07/21/2006 8:21 AM  
Randy, in answer to your questions.
1) I would not consider legal action against a former Board member for former misconduct UNLESS there is significant money involved and the case is strong.

2) It is called an executive session which the Board may go into at a Board meeting in order to have confidential discussions. Attendance is restricted to the Board and their Manager and attorney (if present); the discussion and decisions are not included in the regular Board meeting minutes.

3) Normally contracts are not discussed during an executive session unless a discussion is necessary about certain personal which needs to be held confidential. The approval of a contract should not be done in an executive session; it needs to be recorded in the minutes. Guidance is provided by the Manager to the degree they are knowledgeable. Also they may not want to get involved in anything which may create legal liability for their company.

4) If the work is for the HOA the contractor should get all permits and the Manager should make sure they do. Meanwhile, the responsibility remains with the HOA for any consequences of not getting required permits.
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