Renegade committees

Please grab your coffee. This is a long one. I realize I have probably gone on too much, however I thought perhaps filling in the gaps would be helpful.

After exhausting efforts to find an answer (and as an analyst I am well versed in researching), and since your forum was very helpful with an issue previously, I am returning.

Background. Somehow an advisory committee (AC) sprang up in the community. My research and notes (I keep everything) find that it was discussed during a homeowners meeting in June/July 2011 but nothing else was done (and I canvassed some of the residents who had lived in the community far longer than I). Before long three people were assigned to the AC. How and who made this decision? Unknown. The AC supposedly was ‘allowed’ by the BoD/declarant to exist, but nothing has been put in writing and the BoD/declarant has been silent as to whether they did agree. The AC has since initiated four other committees. Each of the AC members will chair (one will be chair for two) (e.g., building and grounds, budget and social (I forget the fourth)). These ‘committees’ have not been approved and or sanctioned by the BoD/declarant. These meetings are being held in private homes and none of the residents are allowed to attend. (an exception see below) The only committee that is sanctioned and included in the by-laws is the ARC.

Before I started my research I volunteered for the budget committee. The chair person of the AC didn’t want to accept me as a volunteer for the committee however reluctantly agreed. I conducted my research, scoured the by-laws and CCIRs and the VA laws and wrote to the BoD/HOA copy furnished residents citing the by-laws/CCIRs and VA code stating how committees should be formed, and what had to be done to make them legitimate organizations. Although I heard there were some that agreed, they would not vocally state so in an open forum.

Fast forward ‘committee’ meetings. Although I know the other committee meetings were held in private homes, I do not know what they discussed. The first budget meeting was a held in a private home. The purpose of the meeting was supposedly a meet and greet, but evolved into a full blown discussion of the budget. I brought up the fact that residents should be allowed to attend, cited the by laws and VA code, and was met with three very adamant ‘nos.’ their excuse was that the residents would cause the meeting to go too long (as an aside the meeting was called short because the owner of the home said we were in his ‘cocktail time’ and we had to leave) As the next meeting place was being discussed I brought up the fact the meetings should not be held in a private home but in a open forum such as the club house. At least I won that argument.

Two days later the budget 'committee' meeting was held in the club house. I had asked a couple of the residents to attend. The other budget committee members were not happy, but ‘allowed’ them to stay. There was also a guest from outside of the community and the HOA rep who was chairing the meeting (the AC chair of this committee although wanting to be chair is known not to do much). I again brought up the by laws and VA code. I also brought up the fact the community was not notified of any of the committee meetings and that is when the HOA rep unleashed his rage. I had mentioned that committee meetings have to be open to the community (citing by laws and VA code) and this specific meeting was not advertised to the community. In a very loud yelling voice he called me a bold faced liar, not once but five times. (this issue is being handled separately) I realize that although he said the community knew about the meeting he knew it had not. Regardless. This type of unprofessional behavior increased and I could see that his attitude emboldened those on the committee who were unwilling to abide by the by laws and the VA code. In fact the HOA representative and the other three budget ‘committee’ members were actively involved in a discussion during this meeting on how to change the name from ‘committee’ to another word to circumvent the law. The HOA rep attended each of these 'committee' meetings. Note: It has been brought up to the management of the HOA company that the HOA rep is no longer independent and does not and cannot represent ALL of the residents as he has ingratiated himself and become entrenched in the AC. His focus is their agenda versus the agenda of the community.

The HOA rep contacted the legal department (it is unsure whether it was the HOA or the declarant legal dept) and supposedly took the email traffic I sent to the community et al that laid out everything in the by law and code. The information was unemotional and stuck to facts. An official letter was provided by the HOA rep last week from the legal department. It was obvious from the content of the letter the legal department was coached in what area to address. You can tell the legal department is being very careful to skirt the law in a way they won't get in trouble. In essence the letter stated the ‘committees’ are not sanctioned, therefore do not need to have a mission statement, et al, and based on the by-law (they conveniently left out VA law) didn’t have to invite people to the meetings (although these people would be discussing things that would affect the community). However these committees are basically nonexistent and carry no weight. The bottom line was, go ahead have your little committees but they mean nothing, are not sanctioned and we don’t have to support them. Of course the AC that is building this kingdom took it as a slap on what I have been presenting and are continuing to hold their committee meetings (and won’t allow residents to attend) and have dictated a June residents meeting will be held. I know for a fact the AC ONLY tells the residents what they want to them to know and only focuses on what they want versus what is good for the entire community. Regardless.

Furthermore, if I continue to be a member of the budget committee after learning what I have, I will be complicit, and therefore am ‘resigning’. I cannot be on both sides of the street and as a principled person cannot be a part of a ‘committee’ that is actively trying to conduct community business on the sly. The actions of these so called commmittees are a cancer to the welfare of our community.

The bottom line.

I have looked high and low and cannot find anything legally in regard to renegade committees within the community. The fact these committees do not want the other residents knowing what they are talking about (only what they want the community to know) or doing is very disconcerting. I cannot believe the BoD/declarant/HOA is allowing this behavior, but so far they are. Does anyone have any ideas?

Thank you.

Ah yes, I forgot to add we are still under the auspices of the declarant until mid 2016 or 80% development which ever comes first.

I have brought up many times verbally and in writing these committees need to be legitimate and have cited all the requisite laws/codes et al. Unfortunately this is a 'retired' community and some of these people have not a thought in their mind and are being led by one person who has taken over the community (at least in her own mind). These people would rather stone me than to listen to facts. Why? because they are working solely on emotion and not facts. They don't care about the facts. They will when they are 'screwed' when one of these so called committees passes one of their edicts. (e.g., The leader of the pack wanted to outlaw smoking in the entire community because she personally didn't like it. I am against smoking because of personal issues that happened with my parents but if people want to smoke at the house, in their house, in the street or in their yard, that is their right. )

I plan on moving back to my home state of Florida when I retire, hopefully in the next couple of years. Perhaps I should change my timeline and place my house on the market sooner than I planned. As I am afraid this is not going to get better. However I realize there is no place that is safe from the reach of an HOA. Some HOAs are out of control. At least in Virginia there are some codes/laws in place to protect the consumer. When I lived in Kansas (Overland Park area) they have no consumer protection laws for homeowners and you were at the discretion of the HOA BoD.

Thank you for your response.

That's nice to say but I only do the research and would defer to anyone who has more practical/working knowledge than I .

aaaaaaaaaaaaaaaaaah

buy some stock in the Co. that makes K-Y

now you know what MBAs actually do