Help - Board member with an unheard voice

Started by LoriR1 • 10 replies • 1417 views

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LoriR1 (Delaware)
Posts: 5

Posted:

Hello Everyone - new member here. I have read several of the posts, but many to catch up on! I live in a new community in Delaware of 188 homes. I am a current board member, ARC member and Chairperson to our Activities Committee. No, I'm not trying to control the place, but there aren't many volunteers! :o) The problem is... there are a total of 8 board members and 3 of them are "buddy-buddy", one is almost always conferenced in, and the remaining 4 are "just there". It seems the 3 of them have pre-meetings and discussions about upcoming items that are not discussed and decided upon without the other 4 board members being involved. Once brought up at the monthly board meeting (if held), the opinions expressed by the 4 outcasts (per say) are not heard and ignored. One of the board members is also chairperson of our ARC in which my voice goes unheard in that committee as well. I feel the 3 of them are trying to monopolize the community to what they want or don't want. How do I get the rest of the community aware of this? Should be impeach?

BrianB (California)
Posts: 2,820

Posted:

you might research the state laws on board meetings, and remind them that sometimes, holding a "pre-meeting" can be deemed illegal. If they routinely discuss board business in a meeting/gathering of any kind that isn't a true meeting (with notice to the other members, agenda, etc.), they could be violating a law. As a concerned person, you don't want them to get in trouble, so you are simply educating them to the law, not claiming or complaining anything.

then you can remind them to follow the rules of effective meetings, Robert's rules of order, or other effective strategies. You can also volunteer to take minutes, and then record the meetings for posterity. even if they won't let you take minutes, you can still take your own notes, and then request that the minutes be corrected before accepted at the following meeting.

JM2 (Oregon)
Posts: 439

Posted:

If you feel that this group is not acting in the community's best interest, there should be a method in your Bylaws for a recall of those board members. Check out what your quorum requirements are for a board meeting; with a board of 8 it would either be 4 or 5, normally. If there is a tie vote on an issue, it dies, so the four "outcasts" can actually keep the Board from doing ANYTHING that you oppose (that's why boards usually have an odd number of members). Check out the state's open meeting laws; in many, if a quorum is present and discussing Association business, it's a board meeting - illegal if not properly noticed to the community.

Are the three "buddy-buddy" guys the President/Secretary/Treasurer? If so, they may have an "Executive Committee" meeting to discuss issues and set up an agenda. Feel free to request that particular issues be placed on the agenda that you would like discussed. If they are not on there, bring them up when the agenda comes up for discussion/approval at the beginning of the meeting.

Another good thing would be to get a condensed version of Robert's Rules and read through it; be sure that they are following proper parliamentary procedure, if that is required by either your documents or state law.

J. Patrick Moore, CMCA
Compliance Coordinator
Forest Heights Homeowners Associaiton
Portland, Oregon

BrianB (California)
Posts: 2,820

Posted:

as always, when looking at open meeting laws, sunshine laws, etc., it is important to understand if they apply to government entities only or to private companies/corporations as well. Each state varies, so know your state laws well. I have had much pleasure in taking the wind out of the sails of some "armchair lawyers" who didn't bother to research the right laws.

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By LoriR1 on 02/05/2007 2:03 PM
...... The problem is... there are a total of 8 board members and 3 of them are "buddy-buddy", one is almost always conferenced in, and the remaining 4 are "just there". It seems the 3 of them have pre-meetings and discussions about upcoming items that are not discussed and decided upon without the other 4 board members being involved. Once brought up at the monthly board meeting (if held), the opinions expressed by the 4 outcasts (per say) are not heard and ignored. One of the board members is also chairperson of our ARC in which my voice goes unheard in that committee as well. I feel the 3 of them are trying to monopolize the community to what they want or don't want. How do I get the rest of the community aware of this? Should be impeach?

Is there no way you can work with these people rather than against them? There will always be differences of opinion. In the end, compromise is usually the best way to get some of your agenda passed.

Ron
SC

JonD1
Posts: 2,350

Posted:

I guess the most important question is are these three working in the best interest of the property?

If so then try to work with them.

I ran into the same sort of situation 20 years ago.

The Pres.-V.P.- along with the rest of the Board were all working together for their interests nothing to do with the interests of the unit owners.

They turned over all power to the MC who worked to line his pockets and those of his friends.

My assumption the Board members were getting something back in return.

All the areas were discussed before hand and the meetings were just the formal get together to act in a mannner already set up with little input from the other Board members.

Today all those members are no longer serving. Seems somehow the unit owners decided to vote them out of office and Board positions after serving 20+ years.I helped that effort just a little.

In the past few years we have increased our reserve accounts by 5 times.

We have spent nearly $200,000 on improving the property. (In the past we would have never had the money to do this work.)

Today the new MC company works with the Board to improve the property not benefit from their position on the property.

Today I have been the Board President for 4 years.

The previous Board President appeared in court on behalf of the former MC in their lawsuit against us after we fired them.

What do you think????? Help the MC in their efforts to extort money from the property on which you live.

If you find your 3 need to go find some people willing to support you on the Board and show them the door..........

LoriR1 (Delaware)
Posts: 5

Posted:

i've tried to work with them and it seems they only want to hear, see, do the things they are interested in doing. i have made suggestions and they are shot down before even presenting them to the community. i in no way expect anyone to like all of my opinions, but they are simply that, opinions. it's just funny to me that the three of them always have their way on things.

LoriR1 (Delaware)
Posts: 5

Posted:

i'd love to show them to the door! :o)

GloriaM (North Carolina)
Posts: 829

Posted:

Lori:

Meetings should follow Roberts Rule of Order. Not necessarily in such a parliamentary fashion but following rules that pertain to voting procedures such as a topic is brought to the table to discuss, discussion takes place amongst all board members, and a vote is taken from each board member. Majority rules. With 8 of you and only 3 that are buddies that means, 5 of you out vote the minority. Minutes should be taken at every meeting recording the vote. Minutes should be recorded in the Corporate Minute Book for the association

BethS1 (New York)
Posts: 28

Posted:

Same issues with my board, they have pre-meeting chit chats and then they gang up on anyone they disagree with. They ignore the rules and do what they want, The new Pres & Vice run everything by ex board members. So much for financial responsibility and confidentialiy. I spoke with our attorney and he said I'm RIGHT but that doesn't seem to matter. I might as well hand them my checkbook. And personally I never seen such apathetic owners in all my life! (But then I was told by an past owner that the Owners HATE the board because they see what I've seen over the years)

RonaldW (South Carolina)
Posts: 901

Posted:

Posted By BethS1 on 02/09/2007 3:43 AM

Same issues with my board, they have pre-meeting chit chats and then they gang up on anyone they disagree with. They ignore the rules and do what they want, The new Pres & Vice run everything by ex board members. So much for financial responsibility and confidentialiy. I spoke with our attorney and he said I'm RIGHT but that doesn't seem to matter. I might as well hand them my checkbook. And personally I never seen such apathetic owners in all my life! (But then I was told by an past owner that the Owners HATE the board because they see what I've seen over the years)

Beth, how do you decide which director holds which office? We vote among ourselves (actually, we pretty much volunteered for what we thought we could do best). As for running things by ex board members, there may be times when consulting with them is a good thing just so there are not a lot of drastic changes after every election.

As for the owners hating the board, there will alwways be owners who "hate" the board because they see the board as creating the "rules" when in fact it's the CC&Rs, not the board that creates them. None the less, the owners have the power to elect the board members so if the majority of the owners hate the board they can elect replacement directors at the next election.

I suggest that you find some people you think you can work with on the board and try to get them nominated and elected at the next election.

Ron
SC

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