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LoriH3 (California)
Posts: 20
Posted:
The board wants to change out parking rules. They have sent out ballots. Now they are going door to door soliciting proxy votes. As Board Members can they do this? If so, how late can they knock on your doors?
JanetB2 (Colorado)
Posts: 4,219
Posted:
I would believe any board member also has the same rights as any other homeowner. Just because they also volunteer their time and efforts to assist in insuring the HOA functions properly does not mean they give up any property rights as a homeowner. All homeowners can solicit proxy votes as long as proper procedures in the governing documents and state statutes are followed.

How late did someone supposedly knock on your door?

I would think anyone should use proper discretion when knocking on someone’s door. You could politely inform individuals during a meeting to please not knock on your door after X time. While one person might consider 7:00 pm late, others may feel up until 9:00 pm is not too late.

LoriH3 (California)
Posts: 20
Posted:
I just think there is a conflict of interest for Board Members to solicit proxies for a topic that they have placed on a ballot.

They will not come to my door because I have told them I do not want that kind of solicitation.

They are out past dark I do know that and it usually is 5-6 men and 1 woman knocking at all doors and chasing owners as they pull in and out of their driveways.

It is very intimidating to homeowners to have a group of people come to your door in the dark asking you to give up your vote and doing so as the board.

Just my opinion.
DorothyO (Washington)
Posts: 293
Posted:
Lori,
In fact, it is the Board's responsibility to present issues to the association. You say "a topic they placed on a ballot," as if it is a pet project of just the Board, and not something that is an issue to the community as whole. Has there been discussion of changing the parking rules? Is the proposal on the ballot reflective of any discussion on this issue among the homeowners? I would assume these rules are in the CC&R's which could mean amending them, which would require usually 2/3 or 3/4 of the homeowners votes. That would definitely demand an aggressive deliverance of proxies, yes? Finally, any Board member can be as "persuasive" as he/she wants, but cannot generate a proxy for any individual. Seems like there is something missing in your concerns.
LoriH3 (California)
Posts: 20
Posted:
Actually this is a "pet project" of the board. It was not something that was raised within the community. It really stems from the Board not enforcing the parking rules, people getting mad that they were not enforcing the rules so they have decided to change them so they do not have to enforce them. I am pretty neutral on the whole parking issue. I comply with the current rules and will comply if they change them. It just seems that this board does whatever they want to do and does not listen to the few that show up to meetings. Out of 263 homes we have 8 homeowners who show up to meetings, the rest can not be bothered so when they get a knock at the door they sign away their votes because they could care less. Unfortunately the development has gone down hill because rules are not being enforced. I was just more concerned about the legality of the solicitation.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Time after time we see on this board when parking issues that were important or relevant years ago no longer fit the lifestyle or needs of the present homeowners. Plus, enforcement is a big issue.

The board members are within their "rights" to solicit proxies - and any other member can, too.

You don't say WHAT parking issue is planned to be amended.

Just be sure that you can live with the change.

LoriH3 (California)
Posts: 20
Posted:
03/02/2011 9:16 PM Quote Reply
Time after time we see on this board when parking issues that were important or relevant years ago no longer fit the lifestyle or needs of the present homeowners. Plus, enforcement is a big issue.

The board members are within their "rights" to solicit proxies - and any other member can, too.

You don't say WHAT parking issue is planned to be amended.

Just be sure that you can live with the change.

This is a rather new community (built in 2006) so the relevancy probably has not changed much.

They would like to amend the parking rules to allow people to park in their driveways, there is no parking in the streets and that is not an issue. They would also like to amend the rules to allow for garages to be used for storage but not for living spaces. The previous board addressed the parking issues by allowing a variance for those who could not fit all of their cars in the garage or had a vehicle that was too large for the garage (most full size trucks). Anyone could apply for the variance but only a few did. People just parked on the street and driveway anyway. Our streets are too narrow for parking so that became an issue and the old board was able to get control of that. The new board has decided not to enforce the rules so we are back to on the street parking and driveway parking. I do not have a problem with people parking in their driveways, especially if they can not park on the street. The issue with the on street parking has to do with the fact that emergency vehicles can not make it down the street with cars parked on them.

I can live with this change my issue is more with a very agressive board and yes I could run to be on the board but it is not an option at this time.
DorothyO (Washington)
Posts: 293
Posted:
Lori,
If you only have 8 out of 263 show up at a meeting, how does a quorum exist to allow any action by the Board, or even allow the Board to get re-elected? Is everything done by the proxy runners? It sounds like they have definitely got the pulse on the neighborhood -- no one cares. Legally they are sound with the proxies. However, they are not sound legally with breaking the covenants. Unfortunately, it sounds like you would have to make it your cause, recruiting allies, to hold them accountable. Other than that, in a community your size, with apathy commiserate, what you're sure you can do is vote against them.
LoriH3 (California)
Posts: 20
Posted:
You are correct in that the quorum exists because it is all done by proxie runners. Unfortunately what has happened to this community has alot to do with the economy; lots of foreclosures, lots of renters in the community, no one cares because they have no equity in their property so why bother. The people who keep their properties up and abide by the rules are the original owners, but most of those people are so frustrated with the board and the property management they do not show up anymore. I attend the meetings and I vote. The last time I made an issue with this group of people they posted defaming edits about several of us on everyones doors. I do not want division in this neighborhood which is what they have done in the past. It will take other memebers in the community getting tired of paying dues for nothing before anything is done, 8 people can not make the change when they are being held hostage by the board.
BrianB (California)
Posts: 2,820
Posted:
"8 people cannot make a change"

I don't know your situation, of course, but I am compelled to point out that one single person's actions started the change in Tunisia...

I am not suggesting you go to his extreme, but then again, you have 8 times the resources he did, and a much smaller governance body to overthrow.
DorothyO (Washington)
Posts: 293
Posted:
Well said Brian. It always comes down to whether we are personally going to be a part of the problem or a part of the solution. How important is it to Lori, and the other 8 homeowners to come together and start making a helluva lotta noise? Yep, it becomes a commitment. It becomes a cause. It can become a movement. There is a difference between actively supporting this current mess and being frustrated because they feel helpless. So help them. Once you and your 8 allies start knocking on doors, you may be surprised at how many of your neighbors would much rather support you than those currently at the helm.
LoriH3 (California)
Posts: 20
Posted:
Quote:
Posted By DorothyO on 03/04/2011 2:09 PM
Well said Brian. It always comes down to whether we are personally going to be a part of the problem or a part of the solution. How important is it to Lori, and the other 8 homeowners to come together and start making a helluva lotta noise? Yep, it becomes a commitment. It becomes a cause. It can become a movement. There is a difference between actively supporting this current mess and being frustrated because they feel helpless. So help them. Once you and your 8 allies start knocking on doors, you may be surprised at how many of your neighbors would much rather support you than those currently at the helm.

I have made some noise unfortunately it came with eggs being thrown at my house, an edict defaming me put on every neighbors door. The division that this current board has cause is sad. I have chosen to not to get too noisy for a while for my self preservation. My original request was whether they (the board) can collect the proxies. It appears that they can. If there are 165 homeowners who want to throw away their right to vote (what is needed to get the change passed) then their actions speak very loud, they do not care or they want the change.

Thank you all for your input and as I have said if it gets really bad I will rent out my house and live somewhere else. I always have that option.
DorothyO (Washington)
Posts: 293
Posted:
Lori,
I can't imagine living in a community where you are targeted and harassed. Vandalism and libel can be criminal offenses if you wanted to go that route. One-hundred and sixty-five homeowners have certainly dropped the ball. I am sorry for the ugliness in your community. Hang in there.
DagmarB (Georgia)
Posts: 21
Posted:
Lori, I am so sorry, that you ahve a Board which does not correct that situation. Nobody and I mean absolutly nobody should be harassed. Write a Certified Letter stating exactly what has happened and adress it to the Board and Assoc. Attorney.You have a right to live in a peaceful enviroment and the Board has the responsibility to enforce the covenants and take corrective action.
FredB4 (Ohio)
Posts: 375
Posted:
I don't get the "throwing away their vote" part of your argument. If homeowners are interested enough in going in person to cast their vote then there shouldn't be a problem but if owners don't care enough to cast a vote they should give it to someone who does care, otherwise nothing is ever going to get done.

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