Homeowner Communications

Started by MarqA • 18 replies • 1644 views

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MarqA (Michigan)
Posts: 9

Posted:

I'm at the center of a homeowner dispute, I get stuck with issue resolution since nobody else wants to take action. This issues has been slowley esculating over the past couple of years and we'll be having a meeting in the near future where I hope the Board will make a decision on how we move forward to resolve.

Question is not about the issue but the communications around/about the issue. The Board tend to want to keep everything private, for past items, even this, I've had to speifically add discussion topics to meeting minutes just to keep records complete.

Recently there have been some very pointed/threatning communications, via email, from the homeowner that I feel need to be shared with all members of the Association. I know there will be resistance but feel everybody needs to understand and support the Boards actions and this is important information.

How is this typicaly handled. As part of the meeting agenda, handouts at the meetings, cc as part of the email exchange (currently the Board is recieving but I dont think this is correct way to share to all home owners).

DavidW5 (North Carolina)
Posts: 565

Posted:

It is always a prudent practice to get permission from the sender of an email to distribute it to anyone other than to whom it was addressed. If you receive that permission there is no reason why you can't distribute it to all association members.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

David

In a business relationship (like a BOD) unless something is marked Confidential, Your Eyes Only, etc. then it is open to all. Even then if it was threatening in any way, I would make it public to the BOD.

Also if someone is not willing to identify themselves then no response/action is required. Now to protect ourselves, I would suggest we discreetly look into any accusations and if found to exist, then we the BOD take it upon ourselves to commence action.

I am of the belief if you do not want something public the only way to assure it is not, is not to put it in writing.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Marq

The BOD needs to be aware of what is happening even if it is unpleasant. If things need to be confidential or verified then discuss it Executive Session before taking any official action. As an example if any threat of a law suit or legal action is the type of thing that is tailor made to be discussed in Executive Session.

MarqA (Michigan)
Posts: 9

Posted:

For clarification, the specific email was sent to me (Board Member) and cc'd to the other members.

The question is should/when/how should this be shared with the other homeowners who have been part of the overall issue in that we revised a rule, which everybody voted for, that would help this homeowners issue but he has come back with personal threats to me and how I'm the cause, the sole person with the issue, etc, etc.

JohnB26 (South Carolina)
Posts: 1,569

Posted:

...personal threats to me...

that would be an issue for your local law enforcement agency

report the threats and get a copy of the police report

you may need this going forward if/when you petition for a restraining order

THREATS ARE NOT AN HOA MATTER

CarolR11 (Colorado)
Posts: 2,563

Posted:

My opinion, Marg, is that informing the non-director HOA members will not benefit your HOA. And that's really what we directors must think about.

The emails & threats don't seem like an HOA matter as discussed by at least one other here. Is this a neighbor-neighbor dispute?

It also sounds like an executive session matter.

And, were you saying, Marg, that you've been adding text to meeting minutes that didn't occur during a board meeting?

Remind us how many homes or units are in your HOA, please

MarqA (Michigan)
Posts: 9

Posted:

No, the additional items added to the minutes are items that were discussed but as mentioned the Board does not like to air all the details so I've just been making sure that the minutes reflect the actual discussions.

The personal threats are along the line that I'm the only one that has a concern, that I'm the neighborhood police, and that nobody else has an issue. No physical threats to me. We changed a rule to make this easier to meet, we had 100% approval for the change based on his agreement he would resolve. Since everybody was involved I feel they have a stake in knowing that he has now backed out of the agreement, making false statements about what was done when. The owners need to know this, it will impact their decision toward next steps.

We are a very small sub, acreage sites, 18 lots, 13 homeowners. No Directors just a few Board positions, to date it's been decision by majority of all owners shich seems to be working good as long as they get all the information.

SG3 (Pennsylvania)
Posts: 63

Posted:

"The personal threats are along the line that I'm the only one that has a concern, that I'm the neighborhood police, and that nobody else has an issue. "

That is interpersonal conflict not threats. What is your purpose to distributing his email? It sounds like bully tactics to get the whole community to gang up on him. Grow up and handle it like a mature adult even if he isn't. Our whole community has been torn apart by this kind of stuff. They don't recover.

What are you trying to accomplish?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Marq

You say he backed out like he is in control. I am confused. Who is he (his position/power) and what is the agreement?

Thanks

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Quote:

Posted By MarqA on 04/14/2014 7:36 AM
I'm at the center of a homeowner dispute, I get stuck with issue resolution since nobody else wants to take action. This issues has been slowley esculating over the past couple of years and we'll be having a meeting in the near future where I hope the Board will make a decision on how we move forward to resolve.

Question is not about the issue but the communications around/about the issue. The Board tend to want to keep everything private, for past items, even this, I've had to speifically add discussion topics to meeting minutes just to keep records complete.

Recently there have been some very pointed/threatning communications, via email, from the homeowner that I feel need to be shared with all members of the Association. I know there will be resistance but feel everybody needs to understand and support the Boards actions and this is important information.

How is this typicaly handled. As part of the meeting agenda, handouts at the meetings, cc as part of the email exchange (currently the Board is recieving but I dont think this is correct way to share to all home owners).

The board may conduct its business, including business involving threats, in open business meetings if the "threats" in question could/would involve the HOA from a business perspective. If it's simply a person calling the board some personal insult, I'd blacklist the email address, ignore their communication and move on. After a while, enough is enough with a email "bully."

RwT (Florida)
Posts: 154

Posted:

If your state mandates that official records are open for inspection than you can leave it at that.

You need not make it known that this 'document' is available for inspection.

It is up to the the member(s) to seek such information about thier rights and to then exercise them.

In this way you are not 'pushing' this information nor are you hiding it.

* Non-Lawyer spokesperson.

MarqA (Michigan)
Posts: 9

Posted:

Sorry, this discussion has gotten off target.

Let me go back to my original question and rephrase. This is not a question on the issue just when and how information should be openly sharee with members of the Association.

So...

The Board is in dispute with one home owner and will have to make a decsion for next step. Last year a rule was approved by the Association to help bring closure to this issue, all the homeowners were involved in the discussion and supported the change, thus they were an intergral part of the process.

If the Board recieves email/letters from the homeowner, with the issue, should this information be provided to all the members of the Association?

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By MarqA on 04/21/2014 8:58 AM
Sorry, this discussion has gotten off target.

Let me go back to my original question and rephrase. This is not a question on the issue just when and how information should be openly sharee with members of the Association.

So...

The Board is in dispute with one home owner and will have to make a decsion for next step. Last year a rule was approved by the Association to help bring closure to this issue, all the homeowners were involved in the discussion and supported the change, thus they were an intergral part of the process.

If the Board recieves email/letters from the homeowner, with the issue, should this information be provided to all the members of the Association?

I agree with RwT.

Is this homeowner still writing because he/she is trying to clarify something about the rule? If so, discuss it at the next board meeting, make a decision (assuming a change wouldn’t have to be put to the homeowners again) and then and then publish an article in the newsletter, saying something like “since rule 1 has taken effect, a question has arose about X. the question was discussed during the March 3 board meeting and the board would like to clarify this issue accordingly (blah, blah, blah).”

Now, if this homeowner’s pissed off because the rule was enacted and he/she still has problems with it (despite the rest of the homeowners supporting the rule), that’s his/her issue and there’s no need to broadcast that to everyone. The correspondence is part of the Association’s official records so if another homeowner asks for documents relating to that issue, follow your state law. In this case, it might be easier to make the correspondence part of the minutes and if a homeowner requests them, he/she gets all of it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Marq,

If the issue isn't about enforcement, then we don't share the communication with general members. What we do is mention in the minutes that the Board received an e-mail about xyz. This follows with any action that is taken based on the e-mail and who will respond to the member.

If the issue is about enforcement, this opens up the box of due process, that is to say, who is the complaintant - The individual bringing the issue to the attention of the Board or the enforcement arm of the Association (board/committee) who investigated and determined that a violation actually exists? Regardless of how one decides on that issue, the initial communication should not be made public. If it is used, it would be used in closed session about enforcing the issue.

JoK2 (California)
Posts: 198

Posted:

If the homeowner is sending emails to you, regarding this or anything else, why not reply and have them come to a board meeting for them to "vent" their unhappiness to the board, that an email is not the right venue for his dissatisfaction to be discussed?

If, and that is a big if, they do show up, it will and can be reflected in the meeting minutes. There have been a few issues that I would of loved to have "aired" for the whole HOA to see how stupid someone can be, but they didn't raise a peep after suggesting this! Email bully is right.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Marq

Why does it seem that getting information from you on the specifics of this issue is like pulling teeth?

CarolR11 (Colorado)
Posts: 2,563

Posted:

I'm with JohnC46, Marg. I don't feel I can reply because your info is so vague. Offhand, from what I can see, though, I don't grasp why all homeowners should be involved. It's the Board that makes decisions about this owner's issue if, in fact, it's an HOA matter.

CarolR11 (Colorado)
Posts: 2,563

Posted:

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