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Can I open the online debate of the board to the public?

Started by MatthewK2 • 22 replies • 2512 views

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MatthewK2 (New Mexico)
Posts: 34
Posted:
The developers had been board members for 4 years.
Most residents have been complaining for due abuse.
Last year,we have new volunteer board members but no progress!
I was elected as a new board to fill up one vacant seat.
A lot of debates are going on through online.
It has been developing 4 to 1 fighting!

Is it legal to open it to the public(the residents)?
Of course, I am gonna propose it to the boards.
My community is 6 years old with about 230 houses.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Matthew,

How would you open the debate to the public/membership?
LarryB13 (Arizona)
Posts: 4,099
Posted:
Matthew,

Am I understanding correctly that you are one member of a five-person board of directors elected by the homeowners, that there is some sort of four-against-one dispute among the board members, that the dispute among the board members is carried out on some sort of online means such as email, a forum, or IRC, and that you want to know if it is OK to allow the homeowners to at least know the content of the online dispute and possibly even add in their own comments?

SheliaH (Indiana)
Posts: 6,964
Posted:
If the answer is yes to Larry's questions, I suppose you could make the emails available (check with your attorney). If they do become available, I hope you and the other board members are aware that you could be opening up a case of canned worms if anyone said something inappropriate. We're a sue happy society and if one or several snarky remarks are made known to everyone, everyone will scream for a lawyer.

(if and when you do talk to the attorney, ask him or her to help you develop an email policy to deal with such matters.)

It may be better to advise the communities of both sides of the debate (separate the people from the problem) and ask them to weigh in through correspondence and/or attending the meeting and hearing for themselves what's going on. Or you might sponsor a town hall meeting where everyone can have a say and then the board can move forward from that point.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By MatthewK2 on 02/12/2013 12:10 AM
The developers had been board members for 4 years.
Most residents have been complaining for due abuse.
Last year,we have new volunteer board members but no progress!
I was elected as a new board to fill up one vacant seat.
A lot of debates are going on through online.
It has been developing 4 to 1 fighting!

Is it legal to open it to the public(the residents)?
Of course, I am gonna propose it to the boards.
My community is 6 years old with about 230 houses.

It is not appropriate to discuss nor debate Board issues online; this needs to be done at Board meetings. Meanwhile, invite all members to attend every Board meeting at least 72 hours prior to each meeting (as required by law in Colorado). Nevertheless, an emergency issue may be voted on over the internet between Board meeting and should be documented in the minutes of the next Board meeting. My guideline is to keep everything open and as available as possible to all members and needs to be cleared first by the Board.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Are you still developer controlled? That is unclear. You don't mention this has been turned over to the owners. Do you not have open meetings already? Seems to be having a communications issues going on. Instead of bringing people into the fight, bring them into the solution.
Former HOA President
MatthewK2 (New Mexico)
Posts: 34
Posted:
Thank you Melissa for your comment.
The developer brothers(2) have 25 empty lots & have 25 votes.
4 other board members have been acting like siding with developers.
The president refused to discuss the agenda:
'To meet the developer brothers to donate some piece of property
as they promised at the beginning.'

I suggested my opinion that we'd better meet them whatever the outcome
will be. This 6 years old community(230 houses) has no even small
space for the kids. They are exposed on the street. I know the
residents' patience is running out. I said," As one of the oldest
resident, I have somthing to ask the developers."
But my opinion was totally ignored.

The excuses the president made are the developers filed
bankruptcy chapter 13. And it costs a lot money.

Today I proposed them to open our disputes to the public.
I am waiting for their responses.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
It sounds like you are all still under the Developer's control. That means that the homeowners have little or nothing they can contribute until it's turned over to the owners. It's good the developers do have many of the owners on the board. It will help with the transition when it comes.

The limited information your giving leads me to believe that this issue involves the Developer not giving some things that you as a membership want. Those sound like a playground area for the kids. I am sure there may be other amenities you all may have wanted or could have been promised. The Developer has filed bankruptsy so it's most likely not possible those things will come to fruition.

This is one of those areas of "Be careful of what you wish for, you may get it". A developer doesn't make their money keeping a HOA. They want to sell their lots and build the homes and get out. Their money is made up front. So they may promise a pool or amenity here and there. It's going to be you the homeowners who are going to pay for the most expensive part of that deal. Long term maintenance, upkeep, and managing it. All done with your dues money. A HOA is ONLY funded by the owners for the owners. Anything you all want has to come out of the money you put in.

Until you are all turned over to owner run, your not going to get many answers. The Developer is in control and rightfully so at this point. Your best bet is to stick with being on the board and LEARNING what is going on. That way when you become a board member later, you have a clue.
Former HOA President
MatthewK2 (New Mexico)
Posts: 34
Posted:
Larry,
Thank you for your comment. You correctly got my question.
I proposed to 4 board members to open our disputes to the public.
I didn't get responses yet.
MatthewK2 (New Mexico)
Posts: 34
Posted:
Melissa,
It doesn't matter whether the developer donate a piece of property or not. The problem is that the president ignored the agenda itself.
Even the secretary who brought this agenda on the table(online)
withdrew it in the board meeting.
My point is that is it O.K to open the disputes to the public.
Today, I proposed to the 4 members to open the diputes to the public
as I mentioned earlier.
I am waiting for their responses.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why then are you asking for advise if you should do it or not if your intend to do it anyways? Like I and others will advise you, that since the developer is in control they can do what they want. You just observe and bring in the owner point of view. What purpose of publishing this information going to benefit anyways except make more people upset and involved in the debate? Your just setting yourself to run around your own tail...
Former HOA President
MatthewK2 (New Mexico)
Posts: 34
Posted:
You didn't get my point. Thanks.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I did get your point. However, your point isn't in the best interest of your HOA. Yeah, the President didn't follow an agenda. They all side with the Developer...Of course they do! It is Developer controlled! A HOA is VOLUNTEER and most don't know what they are doing. Bringing your petty board arguments to the people just clouds the issue and serves no purpose. Board members are representing the membership. They handle the issues on the behalf of the membership. It is up to you the board members to discuss amongst each other the issue and then present the RESOLUTION to the membership. You are leaders and your bickering or lack of ability released to the rest of your membership is just going to make things worse.

Learn to work with eachother and keep the arguments behind closed doors. Keep the answers at the front door and the questions coming in.
Former HOA President
MatthewK2 (New Mexico)
Posts: 34
Posted:
You are right that these voluteer boards are the developer's side.
They are their shields,I think.
That's why the residents made me to be a board to fight against them.
The developers manipulated even lot size.
They have a lot of properties around here & influential figures.
But they filed bankruptcy chapter 13.
Several residents are considering petition to Attornry General
to investigate from the beginning. We need change in good way
whatever the costs. What do you think?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
What are you actually going to change by contacting the Attorney General's office? You all just want more attention on your HOA so it gets a bad reputation so no one wants to buy in your neighborhood? "Oh I heard about your HOA on the news and want to move in..." said by no one on earth.

Are you all fighting for fighting sake? Your under the developers control. Eventually that will end. When it does you all will be on better ground. Find out what your HOA spends it money on and why. That way when it is turned over to the owners you all will have an understanding of what you all will be facing.

The Developer filing bankruptsy is their business. The worst case is that they sell their lots to a new developer and you all get a new developer. Everything starts all over again. In the meantime do a bit in educating you and your neighbors on how a HOA works and what to do when it goes into your hands.
Former HOA President
ElaineS2 (California)
Posts: 47
Posted:
Mathew-

I live in California where online debate is not allowed.So many boards illegally decide issues through serial emails that the legislature recently reminded us that it is illegal. Discussion must take place in an open meeting. I know you are not under the same laws, but if you are subject to any kind of open meeting regulations, it seems to me that any online "debate" belongs in public. Can't you manage to have a meeting?
MatthewK2 (New Mexico)
Posts: 34
Posted:
Melissa,

You said,'bad reputation?'.
We are already bad because of the developers manipulation &
worst maitenance by the boards for 5 years.
The developers & builder together did bad works for this community.
We call them thieves. WE HAVE NOTHING TO LOSE ANYMORE!!!
However,petition will be our last resort.

You said,'fighting sake?'
I have been fighting for good fight, not for fighting's sake.
I am not that stupid to waste time for nothing!

Worst case? We already know that.
I appreciate your responses.
MatthewK2 (New Mexico)
Posts: 34
Posted:
correction :
'developers manipulation'-developers' manipulation
'maitenance'-maintenance
MatthewK2 (New Mexico)
Posts: 34
Posted:
Elaine,

Wow, this is quite new to me! I have to look into New Mexico
HOA bylaws.
We have 5 board of directors. I am a new one. The treasurer is new too.
The president, vice president and the secretary are volunteers.
They were succeeded by old ones (developer brothers) one year ago.
We have board meetings every month.
I found they were discussing agendas on online like CC&Rs.
I have no experience at all this kind job.
Learning a little by little, I am fighting.
Thank you very very much!
GlenL (Ohio)
Posts: 5,491
Posted:
Matthew since you are new to this I suggest you learn what you are talking about, you start by reading and rereading the CC&R's until you can understand them starting with whether you are homeowner controlled or developer controlled. You also need to learn the applicable state laws, since it doesn't appear the NM has HOA statutes (just condo statutes) you need to read the statutes for non-profit corporations (most HOA's are NP) I looked around on the NM government website and couldn't find a link but found this one on a commercial site: http://statutes.laws.com/new-mexico/chapter-53/article-8

From the make up of the Board and the fact that the developers only has 25 lots left I'm guessing transition has occurred and you are homeowner controlled. In your posts you keep saying you are fighting for the homeowners but what specifically are you fighting about? The one thing I've gleaned is you are upset because the developers haven't donated a piece of property like they promised BUT if they have filed for Chapter 13 they may be incapable of donating anything as they would have had to list all of their assets and their liabilities with the bankruptcy court.
Studies show that 5 out of 4 people have problems with fractions
CarolR11 (Colorado)
Posts: 2,563
Posted:
Glen & some others give good advice, Matthew. Meantime, since other h'owners urged you to be on the board, urge THEM to continue supporting you!
MatthewK2 (New Mexico)
Posts: 34
Posted:
Carol,

Thank you so much!
I will let them know what's going on in the board meeting &
ask them their support.
Give my thanks to your friends!
MatthewK2 (New Mexico)
Posts: 34
Posted:
Glen,

It's rather late to say thank you for your advice!
As you said I am reading CC&R's and NM HOA statutes.
I am getting many new things!
Our board of directors' problem is 4 members are siding with the
developer brothers.
Thank you again.

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