New Homeowner and by-laws

I think you said it well: "by-laws are not for all the other stuff, but just for how the corporation is run".

As long as your revised by-laws comply with the Washington Statutes, you have it right. The Board however should control its meetings, limit the time a person may speak to 5 minutes, allow her to speak, thank her for her input and move on.

The "Homeowner's Bill of Rights" was something promoted by AARP several years back to protect homeowners form being foreclosed on for piddling amounts. Many of the sections have been implemented by the various states in legislation.

BILL OF RIGHTS FOR HOMEOWNERS
To ensure amicable and equitable relations between homeowners and their associations, this bill of rights seeks fair resolution of disputes, specifies rights regarding rules and charges, ensures individual autonomy, and promotes oversight and voting. The bill of rights uses reasonability as the touchstone for all actions, and includes a state Office of Ombudsperson for Homeowners to
facilitate resolution of disputes in a manner that strengthens communities.

I: The Right to Security against Foreclosure
An association shall not foreclose against a homeowner except for significant unpaid assessments, and any such foreclosure shall require judicial review to ensure fairness.

II: The Right to Resolve Disputes without Litigation
Homeowners and associations will have available alternative dispute resolution (ADR), although both parties preserve the right to litigate.

III: The Right to Fairness in Litigation
Where there is litigation between an association and a homeowner, and the homeowner prevails, the association shall pay attorney fees to a reasonable level.

IV: The Right to Be Told of All Rules and Charges
Homeowners shall be told--before buying--of the association’s broad powers, and the association may not exercise any power not clearly disclosed to the homeowner if the power unreasonably interferes with homeownership.

V: The Right to Stability in Rules and Charges
Homeowners shall have rights to vote to create, amend, or terminate deed restrictions and other important documents. Where an association’s directors have power to change operating rules, the homeowners shall have notice and an opportunity, by majority vote, to override new rules and charges.

VI: The Right to Individual Autonomy
Homeowners shall not surrender any essential rights of individual autonomy because they live in a common-interest community. Homeowners shall have the right to peaceful advocacy during elections and other votes as well as use of common areas.

VII: The Right to Oversight of Associations and Directors
Homeowners shall have reasonable access to records and meetings, as well as specified abilities to call special meetings, to obtain oversight of elections and other votes, and to recall directors.

VIII: The Right to Vote and Run for Office
Homeowners shall have well-defined voting rights, including secret ballots, and no director shall have a conflict of interest.

IX: The Right to Reasonable Associations and Directors
Associations, their directors and other agents, shall act reasonably in exercising their power over homeowners.

X: The Right to an Ombudsperson for Homeowners
Homeowners shall have fair interpretation of their rights through the state Office of Ombudsperson for Homeowners. The ombudsperson will enable state oversight where needed, and increases available information for all concerned.

Hi Karen:

Both Glen and Brian offer the best advice. I especially like Brian’s suggestions to give these type individuals “busy work”. Some individuals who go on tangents do so because they are potentially bored, and pestering the HOA (and sometimes fellow homeowners) gives them something to occupy their time. Just be sure any busy work is not something that potentially could step on toes or anger fellow homeowners.

To listen during input session, not say a word, thank the individual, and move on with business is how many other city, county, etc. meetings have been ran for a long time. Sometimes it takes biting your tongue until it bleeds or feels like it has gone through a meat grinder, but it does usually work well and pays better dividends in the end, it just sometimes requires a lot of patience.

We have been having "advisory" meetings to discuss issues not official BOD meetings. She keeps bringing up errors our secretary made by not sending out a notice to all members of (1) BOD meeting. This person was new and once I told the new secretary that all BOD meetings were open to all members she has corrected that.

However, she did try to disrupt the last BOD meeting and was not given the opportunity. She again thinks everyone should vote on everything and not the BOD her quote "it's not fair". We did give her something to do, she volunteered to re-write the by-laws and then tried to muddle them with all this other stuff. Instead of trying to understand she has attacked us all. It's quite unsettling! She storms out each time, crying that she hates it here, etc.... SIGH!

Maybe no more issues. Everyone should understand they need to educate themselves first by reading not only their documents but also state statutes, then make suggestions. Some do not comprehend that any changes to documents cannot violate state statutes and which usually will spell out what is to be in the by-laws.

PS - Once the Board meeting calendar is announced , i.e. every second tues of every month, there is no need to send notices out to each homeowner.

We have one of those small sandwich boards set out announcing each board meeting. It is put out that day to remind folks about the evening meeting.