Comical end to a dramatic saga.

Started by MichelleC7 • 12 replies • 1573 views

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MichelleC7 (California)
Posts: 108

Posted:

Hello all.. I thought I'd update you. Through it all, our HOA BOD met with us in a private executive session regarding accommodating our requests for my husbands disability.

Our HOA BOD had 3/4 members present. Which is a quorum. Our meeting was underway and our acting President made it real clear this is a confidential issues, nobody outside of our meeting knows about the subject matter and what we plan on doing will remain so.

Our 4th HOA board member who was not at the meeting yet sent her SISTER to the meeting to alert the BOD that she would be there in a few minutes..

The SISTER then openly started offering up advice on where we could best put up our requested for item... because at her complex the did this and that this may help us..
SO MUCH FOR OUR SUBJECT MATER BEING CONFIDENTIAL AMONGST THE BOARD AND MYSELF.

With that aside, they willing AGREED to allow us placment of our requested item.. 3 months from initial request. Turns our own property management company played up an issue in the "delay" of processing this request supposedly.

EllieD (Vermont)
Posts: 446

Posted:

MichelleC7, Thank you for letting us know. I am really glad that it worked out for you, and your husband. (Perhaps there is a lesson here to be learned about dealing with management companies).

TimB4 (Tennessee)
Posts: 21,059

Posted:

The important thing is that the issue appears to be resolved.
Thanks for the update.

JonD1
Posts: 2,350

Posted:

Thanks for taking the time to update us.

Sounds like the Board dealt with this is a reasonable way with the exception of the time frame.

Glad for you this is now resolved.

Best wishes to you and your husband.......................

CarolR11 (Colorado)
Posts: 2,563

Posted:

I, too, am glad that it worked out for you & your husband, Michelle--that is a good thing.

But you and others still must be very watchful of your board. Apparently the meeting was held as an executive session. But in CA, executive sessions must only be held for a small number of matters. Your issue doesn't seem to be one of them. The only legal justification for your topic being deliberated and decided in executive session is if there was "potential litigation" involved.

But if that wasn't the case, I'd be very worried about what else the Board has shrouded in secrecy that shouldn't have been!

In addition, the Board NEVER should have permitted the sister to say anything (which also would have been true in an open meeting of the Board.) Apparently she was not invited and, worse, is not even a member of your HOA.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

You're not really going to keep anything HOA related confidential. You can keep it quiet or off the Internet, but that's about it. The board didn't allow the sister to say anything. She chimed in and the board member's are not at fault for it. The "sister" should be lashed 10 times with a wet noodle.

MichelleC7 (California)
Posts: 108

Posted:

Quote:

Posted By KellyM3 on 02/03/2013 5:09 AM
You're not really going to keep anything HOA related confidential. You can keep it quiet or off the Internet, but that's about it. The board didn't allow the sister to say anything. She chimed in and the board member's are not at fault for it. The "sister" should be lashed 10 times with a wet noodle.

LMAO. I think Kelly you didn't get the point. Our discussion was supposed to be between myself and the BOD only. Some stray family member from one of our board member started chiming in solustions to our "confidential" problem. I found it amusing and board found it down right embarassing.

GlenL (Ohio)
Posts: 5,491

Posted:

I think this is a common misconception about Executive Sessions, what is said in there among the Board Members should not be repeated to others who were not there, other parties are not under the same obligation. While what is said in ES is supposed to remain private, the purpose of the ES and it's result are to be part of the minutes. At the next Board meeting something like this should be added to the minutes:

An Executive Session was held on 02/01/13 to discuss a homeowners request for a reasonable accommodation for their medical condition. Present were the following Board Members, John Doe, Jane Smith, Seymour Butts and the petitioning homeowners Michelle and Frank Jones. After discussion the Board voted to allow the accommodation effective immediately the homeowners will be allowed to keep a lockbox on the fence outside their unit.

To borrow from Animal House, as much as some Board Members and Homeowners might wish it, there is no double secret prohibition in HOA's.

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

CarolR11 (Colorado)
Posts: 2,563

Posted:

Because of some of Michelle's other posts, it seems her board is careless with CA civil code, especially the Davis Sterling Act. That's why I advised to stay alert.

The lockbox topic, based on what Michelle has told us, should not have been decided in executive session. The directors' relative should have been instructed to leave the meeting immediately.

Since the topic was decided in ES, a summary must be included in the next open meeting though I don't think--in CA-- it needs to be as detailed as Glen suggests.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Because of some of Michelle's other posts, it seems her board is careless with CA civil code, especially the Davis Sterling Act. That's why I advised to stay alert.

The lockbox topic, based on what Michelle has told us, should not have been decided in executive session. But since is was, The director's relative should have been instructed to leave the meeting immediately as she was not invited.

Since the topic was decided in ES, a summary must be included in the next open meeting though I don't think--in CA-- it needs to be as detailed as Glen suggests.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

It appears that Michelle's board is completely clueless, not only with regard to federal requirements, but with regard to proper parliamentary procedure as well. I wonder what else they are clueless about.

I think I would be very concerned.

MichelleC7 (California)
Posts: 108

Posted:

Quote:

Posted By BruceF1 on 02/03/2013 1:27 PM
It appears that Michelle's board is completely clueless, not only with regard to federal requirements, but with regard to proper parliamentary procedure as well. I wonder what else they are clueless about.

I think I would be very concerned.

Since this has ended on a good note for us anyway.. I suspect this may stir interests in our community for stepping up for the board when it's time to have our annual elections.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Michelle, Until your annual meeting,you & your fellow homeowners need to keep the pressure on your existing board.

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