can former board member give advice/opinion

Started by JamesB22 • 17 replies • 2047 views

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JamesB22 (California)
Posts: 19

Posted:

Here's the situation: an owner who lives out of state called the former president/bd member about whether a repair expense is the responsibility of the HOA. Is there a potential problem with that? and if so, what should the current BOd do about it?

MoM1 (Massachusetts)
Posts: 56

Posted:

The Board needs to review the Master Deed to determine if the component of the building that needs repair falls under the domain of the Association. If it does, repairs should start asap to prevent further damage to Assoc. property. If the repairs falls under the owner's domain, the Board needs to inform the owner of this, and monitor the situation so whatever is faulty isn't damaging Assoc. property.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

and if so, what should the current BOd do about it?

What do you mean, what should they do about it? Are you talking murder?

FrankS10 (Kansas)
Posts: 276

Posted:

How is that any different from your seeking opinions here?

DaveD3 (Michigan)
Posts: 796

Posted:

I think we need more details. You're essentially asking if an out of state owner can make any inquiry with the board. i.e. "is my roof covered by dues as a common area when repair is necessary?"

AllisonD (Florida)
Posts: 449

Posted:

James are you asking whether its proper for a former board member to be answering questions from homeowners rather than the homeowner asking the current board? Policies can change from board to board so if the party responsible for the repair is not expressly stated in the governing documents, then it might pose a problem to ask a former rather than current board member.

GlenL (Ohio)
Posts: 5,491

Posted:

Assuming the former Board member still lives in the HOA the out of state owner committed the egregious act of asking a fellow homeowner. Besides former Board members usually know where all of the bodies are buried.

If the repair is an Association expense it will be outlined in the CC&R's, so it really doesn't matter what the former Board member or the out of state owner think, it's what's written in black and white.

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

DaveD3 (Michigan)
Posts: 796

Posted:

Doh. I totally mis-read that the first time around.

Sure, they can give advice all they want. They can opine about anything going on, how it is, how it was, how it should be.
However, the person asking them for advice needs to realize that nothing they say is being said on behalf of the board, and is opinion only.

JamesB22 (California)
Posts: 19

Posted:

that is exactly what i am asking

JamesB22 (California)
Posts: 19

Posted:

so, if i'm reading the responses correctly, it's ok for a former bd member to act in the capacity of a current bd member.

SharonH9 (Virginia)
Posts: 216

Posted:

Quote:

Posted By JamesB22 on 09/02/2013 11:16 AM
so, if i'm reading the responses correctly, it's ok for a former bd member to act in the capacity of a current bd member.

Act, NO. Give an opinion, YES.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JamesB22 on 09/02/2013 11:16 AM

it's ok for a former bd member to act in the capacity of a current bd member.

That wasn't your question.

Your question was "can former board member give advice/opinion?"

The answer to that is yes.

The answer to the question of is it "ok for a former bd member to act in the capacity of a current bd member?" is No.

What actually is or isn't an Associations responsibility is written in the governing documents. If there are gray areas then the current board has the authority to interpret that gray area. This interpretation should be based on the wording in the governing documents, past precedence (if any) and, if needed, advice from their attorney. Hopefully the Board will also use common sense.

DaveD3 (Michigan)
Posts: 796

Posted:

As Tim & Sharon said, YES they can give opinions.

NO, they can not act on behalf of the board

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DaveD3 on 09/02/2013 11:47 AM
As Tim & Sharon said, YES they can give opinions.

NO, they can not act on behalf of the board

I agree.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JamesB22 on 09/01/2013 1:29 PM
Here's the situation: an owner who lives out of state called the former president/bd member about whether a repair expense is the responsibility of the HOA. Is there a potential problem with that? and if so, what should the current BOd do about it?

I don't see an issue with it.

The Board should hear from any who wish to comment.
The Board should also verify what they are being told (trust but verify).
Verification is done by reading the governing documents, applicable statutes and, if needed, seeking professional advice.

The Board should then make their own decision based on what they are required to do per the governing docs, applicable laws and past precedence.

CarlJ2 (Texas)
Posts: 194

Posted:

Tim, Old Thread Alert!

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yep. I just saw that.
Darn.

JamesB22 (California)
Posts: 19

Posted:

i had nothing to do with the "old thread"

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