The Secret Society aka the Board

Last summer I was recruited to be on our board after an attempt of an annual meeting. Long story short, we didn't have the meeting, and the board opted not to reschedule and never told residents as to why.

Lately, people have been asking me questions about that and what is all getting done around here. I have told them somethings, but nothing that I would deem as "secret" or "not public record"

Well our PM person has informed me that people are calling her, all asking the same types of questions, and its stuff that has been talked about in board meetings. She was getting ticked about it thinking that things are being told to residents that shouldn't be and now I am concerned she is going to come back on me.

Such things include - status on new roofs, snow removal, access to minutes so people know what is going on...nothing I see as secret.

PLUS my understanding is as a homeowner, by law I and any other owner is entitled to minutes, but no they are saying no because of the way minutes were taking and written, it gives private info away...

So, any advise on how to handle this...this being a PM that is trying to run the place at times and not the board, and board members who don't want owners to know anything going on - unless the want to tell them.

You said before you were in Iowa and I can't find any specific state statutes for HOAs there. I think you need to focus on what your governing documents say and outline where failures by the board have occured. The PM works for the board and if the board is letting the PM run things, they are responsible.

Do your governing documents (probably in the by-laws) outline a recall for board members? Do your governing documents outline the requirements for an annual meeting or the notice required before board meetings? Do your governing documents allow homeowners to call a board meeting if enough petition it? Do your governing documents mention that any member may enforce the governing documents? My assumption to these questions is yes and so I suggest you really read your documents as they are the contract to which everyone is held.

Once you are very familiar with your documents you can decide which steps to take. Do you get enough petitions together and send it certified mail to the board letting them know that under such and such provision they must hold a meeting to address the community's concerns and outline everyplace they have failed? Do you attempt a recall and replace some or all of the board members and then fire the management company and hire one that will work for the board or do it yourself? Do you send the board and PM a certified letter and stating where they have failed to follow the covenants and per the by-laws and covenants you are prepared to take them to court to get them to follow the governing documents?

Roger, can you elaborate on ES and "no votes allowed?" I thought that votes were allowed during ES, however ES can only be entered via announcement/motion(what the ES is concerning, i.e. "to discuss legal matters...") to the full/open body, then affirmative vote to enter, and last once returned to the open body, the results of the ES vote are made part of the record.

Roger, I understand your points, and agree. Further, "To go into ES a member of the board needs to make a motion and state the reason for going into executive session. (The Secretary should record this motion in the minutes) The board then discuss the motion and take a vote. A majority vote is required to adopt this motion. If the board goes into ES, it should be fore the discussion only. Any action a board wants to take should be done when the board members return to the open portion of the meeting. This way the action is properly recorded in the minutes for all to read. Anything said in ES is confidential."

Robert's Rules of Order - Simplified and Applied (Second Edition, 2001)

See I HAVE been paying attention (and doing research), with the GREAT advise posted here....