Membership input

Started by BarbaraS • 15 replies • 1631 views

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BarbaraS (New Mexico)
Posts: 49

Posted:

Thanks to all of you for being so helpful in the past. Our association is reposible for maintaining the exteriors of our 22-Unit complex, as well as the grounds. The BOD monthly meetings address these two components by budgeting work orders and we approve or disapprove by majority vote. We are on a very limited budget, with $60/mo maintenance fees, a large slice of this goes to paying water bills and pruning juniper bushes. At our last BOD I proposed that we convert to desert landscaping on a gradual basis, to cut down on water use and maintenance. I was outvoted but would like to submit this proposal to the membership. Our covenants and by-laws do not cover landscaping. What would be a procedure to use to get this on the agenda for our annual meeting which will be the end of next month - since the BOD sets up the agenda? I, by the way, am President of the BOD.

RogerB (Colorado)
Posts: 5,067

Posted:

Barbara, since you are President you can create the agenda. Just add your idea as an agenda item. Get other members to make the motion and second so it can be discussed.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

BarbaraS,

Conversion to a desert landscape may have a negative effect or impact upon storm water management from erosion created by water runoff. Maintenance costs of a desert landscape will be the same if not more than what you currently are paying. Instead of a desert landscape, switch to perennials rather than annuals, create planting beds filled with river stones and accent ornamental grasses.

Invest in your landscape by creating a master landscape plan, budget it for gradual implementation, and raise maintenance to effect a quality look to your association, and or to maintain what you currently have.

Best of success!!
GeraldT
NNJ

GlenL (Ohio)
Posts: 5,491

Posted:

While desert landscaping may or may not cost you in the long run, Gerald is right in that you need a landscaping plan. A good place to start "Creating a Water-Wise Landscape" is this web site from the Virginia Cooperative Extension: http://www.ext.vt.edu/pubs/envirohort/426-713/426-713.html

Studies show that 5 out of 4 people have problems with fractions

BarbaraS (New Mexico)
Posts: 49

Posted:

Thanks for your input. One other question- this time regarding nominations from the floor at the annual meeting. We have 30% of our members absent. If we send a slate ahead through the mail, and at the meeting, a nomination comes from the floor, would we not have to resubmit the names to the absentees? I am all for soliciting and sending out the slate well in advance of the meeting, and not accepting nominations from the floor.

RogerB (Colorado)
Posts: 5,067

Posted:

Barbara, follow your By-laws. If they allow nominations from the floor then you must accept such nominations. You do not have to resubmit the names to the absentees. You count the vote at the meeting and announce the winner(s).

BrianB (California)
Posts: 2,820

Posted:

re: nominations from the floor... Roger is correct, unless you live in Arizona. Arizona has effectively made from-the-floor nominations illegal (because of their no-proxy laws and absentee ballot requirements). Go with your by-laws and the state laws, and you will be okay, as roger suggests.

DwightT (Idaho)
Posts: 664

Posted:

What are the absentee ballot requirements in AZ? At our recent HOA meeting we had a member (now a board member) propose that we amend the Bylaws to not allow proxies because of the AZ law. The proposal passed, and now we have to try to change the CC&Rs to match. I'm still concerned about absentee ballots since somebody could walk around and get people to fill out a ballot without giving them the full story.

BrianB (California)
Posts: 2,820

Posted:

absentee ballot requirements: http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01812.htm&Title=33&DocType=ARS

you can amend your bylaws, or not, it doesn't really matter, because you cannot use proxies regardless of your old or new bylaws (state law trumps by law). Absentee ballots must have the proposal spelled out, and allow a for or against vote (if applicable). absentee ballots count towards quorum if needed. there are some time frame limits in there too. i wouldn't worry about the "walking around with a ballot" idea, as the board must create the legitimate ballot, and thus, can spell out the issue clearly, with all information desired. ballots cannot simply be "made up" by someone and turned in.

DwightT (Idaho)
Posts: 664

Posted:

Sorry. I wasn't clear. We are in ID, not AZ. We want to do away with proxies even though Idaho law still allows them because of the potential problems that the AZ law is attempting to address.

I'm actually not too concerned about absentee ballots for issues because as you say the board will have created the ballot to explain the issue. I'm more concerned about absentee ballots for board elections. We just had an issue where a homeowner was upset with me because I removed his real-estate sign from a common area (our CC&Rs don't allow any signs in the common areas, and I had talked to him about it first). Because of this he decided to run for the board as a write-in and went around collecting absentee ballots a couple days before the election. The thing that annoys me about this is that he had the opportunity to tell people anything he wanted and I didn't have an opportunity to respond.

It wouldn't bother me to lose an election if everybody running is given the opportunity to present their case, especially on a contentious issue like this. It does bothers me when my neighbors are possibly given a one-sided story about me.

HaroldS (Arizona)
Posts: 906

Posted:

Unlike proxies which can be voted from the floor, absentee ballots do not allow proposals or nominations from the floor as that would disenfranchise those who used the absentee ballot.
You don't need to change your declarations Dwight every time the state nullifies a part of them. Who knows, they might change or even eliminate that law down the road, or it could be declared unconstitutional. Just be aware of current state laws, especially now in Arizona where members can take a board or MC to a hearing before an administrative law judge if you aren't following state law and/or your documents. Harold

BrianB (California)
Posts: 2,820

Posted:

dwight, not sure i understand what the owner was doing "collecting absentee ballots". Did he collect these ballots, then hand them to the board on the election meeting? these were ballots sent out by the board previously, correct? If not, then they are not valid. Do your absentee ballots have a write in spot? If so, eliminate it next time. Absentee ballots should have votes of yeay or nay for proposals, and voting spots for nominated members for the board positions. they do not need a write in spot.

DwightT (Idaho)
Posts: 664

Posted:

Brian - Thanks. That's the advice I was looking for. The ballots that our management company put together included a space for a "write-in" candidate. Because of our inexperience, we thought that was normal. Now we know better.

Thanks again.

BrianB (California)
Posts: 2,820

Posted:

it is "normal" for state electins, national elections, and such to have a write in spot.

However, in every company I am a part of (with stock, etc), they never use a blank spot in their ballots or proxies. So, while a write in is a nice to have, i believe that it isn't required by law of any corporation, because I have never seen any that I own stock in do it. And bottom line, and HOA is usually a corporation (a non profit corp, but a corp).

RonaldW (South Carolina)
Posts: 901

Posted:

.... I was outvoted but would like to submit this proposal to the membership.....

I think this would be a very bad idea. Suppose every board member decided to do the same when they were "outvoted"? Eventually, there would be no need for a BOD, every decision would be put to a membership vote.

Just like in local and national government, your membership votes for people to represent them in decisions such as this.

Items such as changes to the CC&Rs, special assessments, major capital improvements, etc. should be put to a membership vote. Anything less should be decided by the BOD with input from membership. If they don't like the decisions being made by the BOD they can elect new BOD members at the next election. That's how it's supposed to work.

Ron
SC

BrianB (California)
Posts: 2,820

Posted:

Ron, the idea of the membership deciding everything rather than their elected officials is becoming more common in the US, via the ballot propositions that many states now allow. Anyone can write a law, get enough signatures, and get it on the ballot for mass populace vote, thus by-passing the legislature. It has its' merits, but as you point out, by-passes the idea of an elected republic. It also by-passes several checks and balances, which can lead to some very poorly designed and written laws being accepted. It is indeed a slippery slope to tread upon, and your advice to monitor it closely is valid. Such tactics can quickly come back to bite an HOA.

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