Board lacks motivation (and a spine)

Started by DeannaB • 5 replies • 1587 views

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DeannaB (Wisconsin)
Posts: 21

Posted:

I am the Secretary of a newly turned over HOA. I was on the interim board for the 3 months working to transition from the prop mgmt co that the builders had hired to the new board.

The 3 people who ran (last minute) and were voted in on the board have spent the last 6 months himhawing and backsliding on decisions. They represent the "Architectural Review Committee" and have yet to make one homeowner liable for changes made w/out approval or require homeowners to work within the R&Rs guidelines. They would rather hang out and drink during our meetings and "not rock the boat" with our neighbors. Case in point, a fence just went up across the street that isn't in the guidelines and whose approval isn't in my files.

Our President, who was part of the interim board with myself and the now Treasurer, doesn't seem to want to put his foot down.

So, my question is..where do I go now? I am to the point where I'd like to turn in my files and call it a day but then I know nothing would get done.

UGH! Responses please!

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Denna,
You might try getting enough votes to command a special meeting and make the council aware of what is going on. You may be able to consult with developers lawyer if they still maintain an interest. You can set up your own Website and develope a mailing list and e-mail list and use the web site as a Bulletin or Sounding board. No alcoholic beverages should ever be allowed at ownership meetings, check your state law or county or non-profit corporation laws of State. Sounds to me, some one needs a wake up call about the fiducery responsibility that they accepted when they signed on. Also, make sure you list all information about what actions the board takes and for what reason.
You are in a tough spot and you will have to get tough to make changes. Read your CC&R's over and over and I bet you will find something to help. You will run across things like," the Board may take action." This does not mean the board has a choice to correct infractions, it means when there is an infraction the board is to take action. No infraction, no action; infraction, has to be action. I will probably get some action about what I said but that is my interpretation. Otherwise, why is the rule/law there if it is not to be recognized. The Board has no authority to change the CC&R's in any way with out proper procedures and the council involvement.

RogerB (Colorado)
Posts: 5,067

Posted:

Denna, please do not give up! Rather, try to impress on the other Board members that they have a fiduciary responsibility. This should start with enforcement of violations of restrictions and absolutely no alcohol at a Board meeting. I recommend a separate ARC from the Board, otherwise there is no avenue to appeal an ARC decision.

Make specific motions which would establish needed changes and record each Board members vote. And let the President and Treasurer know that they can be personally liable for knowingly not acting in good faith. Perhaps educating them will help improve their performance or cause them to resign from the Board.

BradD2 (Florida)
Posts: 418

Posted:

DeannaB, what State? Often there are state statutes which can lend you some power as well.

JM2 (Oregon)
Posts: 439

Posted:

Hi Deanna:

I wasn't sure, from your post, if the management company is still involved, or not. It sounds like your board needs some good training and orientation for what their job is within the community.

The management company (whether still involved or not) might be a good source for some BOD training, which it sounds like you really need. Other MC's in the area might be a resource, or your association's lawyer or accountant might be able to recommend someone. If you have any large scale communities nearby, the manager might be interested in helping out with a board retreat.

Other sources of BOD training would be classes from your local CAI chapter, or some books from the CAI website bookstore.

Most, if not all, of these ideas would cost money...but it doesn't make sense to try to save money and keep going the way things currently are.

J. Patrick Moore, CMCA

DeannaB (Wisconsin)
Posts: 21

Posted:

Thanks for all the responses. We are in WI. The property management company resigned which is why the builders decided to turn the association over to the homeowners (hence the interim board). The meetings thus far have been held in our personal homes, not open to the public, while we get up and running with the transition from the interim board to the elected board. And yes, there has always been alcohol present. I have not hosted at my home.

I am very frustrated as it seems no one wants to take responsibility or force any of the rules to be followed. The neighbors who installed the fence not only installed it without receiving approval, but they now have it installed not according to the plans the submitted. The plan details the fence commencing from the rear of the home, however the actual installation is 2-3' up the side of both sides of the home.

At this point, the Board/ARC says it's too hard and too much trouble to make them change it or fine them and chase them to pay.

My take on it all is why have rules if no one has to abide by them?

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