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FionaC (California)
Posts: 212
Posted:
Our complex seems to have a contradicting rule set. One homeowner has witnessed our HOA President hosting events in the clubhouse on the fly, using the facilities with outside guests and select neighbors. This has been documented 4 times in the past 6months per the homeowner. Being on the board? I never heard of her renting it, using it or even hosting an event. It's on the sly. Our community can not host open events without the approval of the social committee per our hoa bod. Our HOA BOD Prez told one homeowner to host coffee and brunch in thier home because the clubhouse is not open for community events unless it's approved by the social committee. ( its no existent! we dont' have one! )

Our clubhouse does not allow free access to our homeowners. In fact, if they wish to use it, there is a fee, a rental agreement and scheduling approved by the board. I had to sign one last year when I hosted a birthday party!!

The neighbor has sent a written request to our management company asking for an answer as to why our Pres, or select neighbors can use the clubhouse on the fly. I support the inquiry. But the inquiry to the management company has fallen on deaf ears. Open forum only allows for speaking on agenda items and frankly I can't imagine this needing to be hashed out in executive session.

I am not sure what or where to go with this or at all? Advice? Emailing our PM goes no where.

RichardP13 (California)
Posts: 1,767
Posted:
Fiona

Being a property manager myself, I can tell you that the BOD is the body that runs the HOA. A management company will typically pay the bills, send out for bids, contact specific vendors for work to be done, but the enforcement of or lack thereof of the governing docs falls with the BOD. A PM works for the Association as the behest of the Board. I have run into numerous situations where I have to shake my head on how Boards run their Associations.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our HOA had a clubhouse committee similar to what your talking about. They weren't necessarily board members but members interested in the clubhouse. All you had to do was call them and they would mark your date on a calendar. Which was kept inside the clubhouse for anyone to view to see when the clubhouse was booked. The clubouse wasn't "Open" nor was exclusive use of the pool allowed when renting the clubhouse. We had a $25 rental fee and $100 damage deposit. You couldn't rent the clubhouse without handing us over the 2 checks which the damage deposit would come back if no damage. Of course any real damage would be over $100 but it was more for preventative measures to keep the host responsible.

I was President and on the clubhouse committee. The two weren't inclusive together. It's just that I had to have a key to hold the meetings and for access for any repairs. If I did have any "parties", they were for the neighborhood. I didn't pay a rental fee for those activities as they were for the members. (Things like volunteer day, hallowen parties, and neighborhood watch etc..) However, if it were for my birthday or private event, then yes I would pay the fee.

How do you know they aren't paying the rental fee for use? It's in the collection reports. You seem to assume that because the president is using it they aren't paying for it. Where is your evidence? Could it also be a member function they are using it for? Sometimes there are closed board meetings for specific issues. If that were the case, I am sure they would hold them in the clubhouse.

The only issue I see is if they aren't paying for the use of the clubhouse. Which may or may not be a perk of the BOD. Find that out first before getting all green with envy..

Former HOA President
PeterD3 (Florida)
Posts: 708
Posted:
Fiona,

You concerns have to be addressed within your community.

If you are venting here I can sypmpathize but there can be no solution to your suspicions at HOA Talk.
FionaC (California)
Posts: 212
Posted:
Quote:
Posted By PeterD3 on 09/24/2011 12:57 PM
Fiona,

You concerns have to be addressed within your community.

If you are venting here I can sypmpathize but there can be no solution to your suspicions at HOA Talk.

I really wish they were suspicions. You see? We do have access to the rental calender, and incoming funds for rental. Nothing has been taken in, yet there was a bbq reported a few weeks back , a few neighbors of the president and one of the neighbos offsite friends were using the clubhouse watching "a game" on the big tv.

Saying that I wasn't ther, but I have witneseed use of the facilities by those who hold the keys, not paying, just opening the room for their pleasure and private use. But this incident I haven't seen..

When I addressed it, it was suppose to have been handled. Obviously is it seems there is another issue going on. But I cant confirm.

MMMM all I can say.
Thanks for you input.
PeterD3 (Florida)
Posts: 708
Posted:
OK then.

If you could have your wishes granted from the proverbial 'us' here at HOA Talk what would they be?

With all due respect, my guess is they are beyond our capabilities.
FionaC (California)
Posts: 212
Posted:
Quote:
Posted By PeterD3 on 09/24/2011 1:11 PM
OK then.

If you could have your wishes granted from the proverbial 'us' here at HOA Talk what would they be?

With all due respect, my guess is they are beyond our capabilities.

I suspect we will have to address this behind closed doors. It's happened in the past and this is why I almost dont' want to go there. I did suggest however.. that the homeonwer actually go to the event when it's occuring and ask... did you pay to rent the cluhouse? I'ts certainly not a bad thing to ask about is it? Homeowners have the right to ask, especially if they suspect otherwise.

Thanks anyway.. no need for sarcasm or harsh answers. thank you.
FionaC (California)
Posts: 212
Posted:
Quote:
Posted By PeterD3 on 09/24/2011 1:11 PM
OK then.

If you could have your wishes granted from the proverbial 'us' here at HOA Talk what would they be?

With all due respect, my guess is they are beyond our capabilities.

I suspect we will have to address this behind closed doors. It's happened in the past and this is why I almost dont' want to go there. I did suggest however.. that the homeonwer actually go to the event when it's occuring and ask... did you pay to rent the cluhouse? I'ts certainly not a bad thing to ask about is it? Homeowners have the right to ask, especially if they suspect otherwise.

Thanks anyway.. no need for sarcasm or harsh answers. thank you.
FionaC (California)
Posts: 212
Posted:
Quote:
Posted By PeterD3 on 09/24/2011 1:11 PM
OK then.

If you could have your wishes granted from the proverbial 'us' here at HOA Talk what would they be?

With all due respect, my guess is they are beyond our capabilities.

I suspect we will have to address this behind closed doors. It's happened in the past and this is why I almost dont' want to go there. I did suggest however.. that the homeonwer actually go to the event when it's occuring and ask... did you pay to rent the cluhouse? I'ts certainly not a bad thing to ask about is it? Homeowners have the right to ask, especially if they suspect otherwise.

Thanks anyway.. no need for sarcasm or harsh answers. thank you.
PeterD3 (Florida)
Posts: 708
Posted:
It's neither. Just objectivity.

You have stated the same issue(s) here time and time again.

Ask for the rules, follow them, and document your doing so. Then if there is selective enforcement or application you have a case. But it is for the community to decide if you are being singled out.
CarolR11 (Colorado)
Posts: 2,563
Posted:
Fiona, doesn't your HOA have written procedures for renting the clubhouse? It sounds like it does given the rental fee, agreement, scheduling approval.We require a refundable cleaning/damge deposit too. We do have written procedures but any residents can use ours, has the big TV & kitchen facilities without reserving it. Those folks, though, would have to leave someone who has reserved it comes to start their event. Our onsite PM handles the paperwork.

If your procedures are in writing, they apply to all equally.

Are you on the board? If not, can't you place an item on the Open Meeting agenda called something like "Clarification of Clubhouse Use"? Or does your board prez also keep homeowners from contributing agenda items?
FionaC (California)
Posts: 212
Posted:
Quote:
Posted By CarolR11 on 09/24/2011 1:39 PM
Fiona, doesn't your HOA have written procedures for renting the clubhouse? It sounds like it does given the rental fee, agreement, scheduling approval.We require a refundable cleaning/damge deposit too. We do have written procedures but any residents can use ours, has the big TV & kitchen facilities without reserving it. Those folks, though, would have to leave someone who has reserved it comes to start their event. Our onsite PM handles the paperwork.

If your procedures are in writing, they apply to all equally.

Are you on the board? If not, can't you place an item on the Open Meeting agenda called something like "Clarification of Clubhouse Use"? Or does your board prez also keep homeowners from contributing agenda items?

Yes, we have written everything. yes, the clubhouse applies to everyone. Meaning as a board member we are to rent it too! I am on the board, and yes the president controls everything that goes on the agenda.

SO in a nutshell, the homeowner who insistent she is seeing private use of the clubhouse, because of my insight and ability to see rental income...suspect abuse of a position.

There are a few other things going right now with the Prez, I suspect things will work out in the end for the better....
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By FionaC on 09/24/2011 12:08 PM
Our HOA BOD Prez told one homeowner to host coffee and brunch in thier home because the clubhouse is not open for community events unless it's approved by the social committee. ( its no existent! we dont' have one! )

Place on the agenda the appointment of a social committee. Offer to chair it.

If a social committee is required and does not exist, the Board would perform those duties until a committee is appointed. Not that I agree with it, but the President may have believed or chose to act as a committee of one and performed those duties. The solution is then to appoint a committee and remove this "impression" the President has that they are the committee.
RZ (Arizona)
Posts: 51
Posted:
Seems to me there are a few ways to approach this. One way is by fairness, meaning that all residents must be treated the same. However, the best way to deal with this is from a financial viewpoint.

If the President is using the clubhouse without paying the ususal fees, then she is stealing from the community. It is one thing to have the perks of being on the HOA, but another to charge one resident for the clubhouse while using it yourself for free (assuming it is not HOA related). The community owns that clubhouse and the fees it generates belong to everyone.

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