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SteveS8 (New York)
Posts: 128
Posted:
Our community is almost totally built out and over 95% sold. The builder has not said a single word about Transition so nothing can be done because he holds a 4 to 3 majority on the HOA board.

We have resident board elections coming up in 6 weeks and we cannot get anyone to set up a Meet the Candidates night. All they are allowing each candidate is up to a two page resume and/or letter of introduction. That's it.

The board (controlled by the builder) will not allow any information to get out on how board members voted or what they said, and they are told that everything they say and do in the board room is confidential.

Consequently, the homeowners are clueless as to what board members who are running to be re-elected have actually done for them, and with new people wanting to run for office, all we get to hear about them is what they can fit on two pieces of paper.

Transition will come sooner rather than later, and this is what our vetting procedure is to select people to take us through that process.

Is this standard operating procedure? What are your thoughts on this?

I would appreciate any feedback because elections are getting close and we are clueless.

Steve (New York)

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Steve

There is nothing stopping you/other owners from having a meet the candidates open house. You do not need permission to do so.

If some candidates refuse to participate then let fellow owners/voters know such.

Tough love here but stop looking for Declarant to do as you wish/believe. Lead or follow but at least get out of the way.

KerryL1 (California)
Posts: 14,550
Posted:
John's right put a meet together. A bunch of you chip & serve punch (weak or strong) & cookies to try to inspire attendance.

What do your CC&Rs or bylaws say about WHEN transition must occur??

NY is a closed mtng. state--HOA boards don't have to have open meetings unless they want to. But your bylaws may say that there must be oe open board meeting a year, or an open Members meeting at minimum.
GlenL (Ohio)
Posts: 5,491
Posted:
Kerry, alas I feel Steve is a bit optimistic when he states: Transition will come sooner rather than later, and this is what our vetting procedure is to select people to take us through that process.

According to his earlier posts the Declarant remains in charge as long as he owns one unit.

Studies show that 5 out of 4 people have problems with fractions
SteveS8 (New York)
Posts: 128
Posted:
Glen is absolutely correct. The only thing that gives us hope is that the builder is off working on several other projects, and he may not want to drain his energy on trying to control our community for eternity. But, in any event, our board elections are for a three year term, and he should be sold out here by the end of this year (unless he decided to simply rent one unit). We need to choose the right people to guide us. Right now, with the information we have on candidates, we might as well flip a coin.

As far as nothing stopping us from having our own meet the candidates night... the problem is that management has a policy that you have to ask permission to use the clubhouse for any functions, and the process is cut short with some reason why we cannot use the facility for that purpose. I would gladly hold it in my apartment, but I would have some trouble trying to squeeze over 1000 residents in there. Some have suggested holding it outside the community, but it was agreed that we would lose 60% to 80% of our audience.

I am curious to know whether any of your communities, and others you have knowledge of, also do without any session where residents can meet and question their candidates before they vote for them. It would be a mighty argument if I could prevent evidence that just about every condo in the country has some sort of way that homeowners can get to know what their candidates are thinking prior to voting for them.

Steve

KerryL1 (California)
Posts: 14,550
Posted:
Ooooo, Glen--what a good memory! I now recall the details too.

Steve, do your governing docs state any restrictions about who may use the clubhouse?? Or for what purpose?? Does your contract with the PM give her/him the authority to deny use of YOUR clubhouse? Or is there a resolution from the Board that your PM has that authority??

In CA, there is legislation that any candidate may use the common area meeting rooms as part of their campaign as often as they want. As a high rise, we have two of them but they each only hold 60 people (211 units).

To answer your question, Steve, we used to hold a Candidates Night, but attendance always was maybe 12-15 owners so each year we directors consider it, and each year we vote not to.
(About 37% owners are landlords and another 10+% only live here part time.)

If your developer does sell all all his lots, you owners may recall the newish board and hold new elections before the 3 years are up.
SteveS8 (New York)
Posts: 128
Posted:
The word "Transition" does not appear in the by-laws at all. There is zero information about that in the 485 pages of the prospectus (Offering Plan).

The Offering Plan does state that there will be an open annual meeting, but there is nothing in there suggesting that homeowners could do anything but vote for candidates. There is nothing about a Q and A session to get to know candidates' plan once they get elected.

Steve

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